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Walmart Faces Gender Discrimination Lawsuit

Posted by David Brown 
· March 7, 2019 

Recently, nearly 100 current and former workers filed suit Walmart, the world’s largest retailer. They are alleging unequal pay and lack of opportunity. Just eight years ago, the Supreme Court blocked Walmart from facing the largest gender discrimination case ever brought against an employer.

Now, though, Walmart again faces discrimination lawsuits. These 100 plaintiffs are alleging denial of equal pay in retail store and certain salaried management positions. The plaintiffs are both current and former employees.

The Plaintiffs

The plaintiffs include Francine Radtka, who worked as a deli manager at Walmart in Manatee County, Florida from 1995 to 2000. She expressed concern when she found that other department managers, all men, were making more money than she was. No one listened; she was soon forced to take on more duties without additional pay. She went from working 50 hours a week to nearly 90, without a raise.

Another plaintiff, Jenny Hicks, worked at a Walmart in the same county as Radtka, from 1997 to 2000. Hicks trained managers who went on to make more than her, all male. She left due to lack of upward mobility, even though those same promotions were made available to those she was training.

In 2011, the U.S. Supreme Court ruled that Walmart, in the case of Walmart Stores v Dukes, was too large to constitute a class action suit against. This prompted the plaintiffs to file individual lawsuits against the retailer.

Lindsey Wagner, an attorney representing the plaintiffs, says that female new hires are often placed in cashier roles or associate roles, while men are placed in departments where fast-track promotion opportunities are often available. She also notes several more lawsuits are likely to be filed over the next few months.

In addition to lawsuits, Walmart employees are pushing for the company to reveal the pay gaps between male and female employees. In 2015, a shareholder resolution was introduced that requires Walmart to disclose disparities in pay between male and female employees. However, despite the introduction in 2015, Walmart has still not disclosed those pay disparities. Gender pay gaps at Walmart still exist, as does upward mobility for male employees over females.

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Sexual Harassment by Elected Officials Hurting Employees

Posted by David Brown 
· March 5, 2019 

Being employed by an elected official is no longer bliss, especially in the light of any form of sexual harassment. Recent cases such as those of Sheriff Donald O’Cain and Eddie Fair’s former boss are still pending because of they for elected officials. Serving at ‘will and pleasure’ comes with some form of exposure as the elected officials can employ and fire at will with or without proper reason. The accused have not consented to any of the claims, leaving the harassed at crossroads. In the case of the Simpson’s County scandal, the woman reflected that it was suggested to her that she resigned instead of going against an elected official. Eddie Fair had a tough time getting her case across as the work handbook stated that she could only report the incident to an elected official. And in this case, her alleged harasser.

The situation has put employees working for an elected official in a tight position as they also need to meet the needs of their dependents. Losing a job may be out of the question, and the elected officials are reportedly taking advantage of the desperation to acquire sexual favors and harass them. The law does not have a direct say when it comes to elected official through the Federal government can do something about it. The procedure that involved the higher state is however slow and frustrating. Nick Norris, one of the complainants, advocate said that very little can be done against an elected official and only the voters can decide after the electioneering period.

The House Education Chairman John Moore recently resigned after such allegations were made against him. Philip Gun, the current house speaker, said that the accusations were coming from different fronts and multiple women. The most astonishing thing is that the probe into the issue ended with the resignation with the involved parties citing that nothing could be done if Moore was out of office. Lawmakers are seeking to push a bill that will require public office officials to take responsibility of sexual harassment claims as well as reimburse any state money used to compensate, settle or litigate such claims while they are in office.

Sexual harassment does not only involve inappropriate advances but an offensive language in which the victim can be both male and female.

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A Fort Worth Nurse is Considering a Lawsuit as She Faces Lifelong Injuries After Elevator Mishap

Posted by David Brown 
· February 28, 2019 

A Day Like Any Other

On January 20, 56-year-old Carren Stratford was hard at work as part of her normal duties taking care of her patients. What should have been a normal day turned into a nightmare as her life was changed forever by an encounter with an elevator that was not operating as it should.

As the elevator was going up, Carren’s right foot became caught in the equipment as the elevator continued to rise. She was crushed and received extensive brain and internal injuries.

Severe, Unnecessary Trauma

In what should have been a safe place where she could be protected and healed, Carren suffered extreme damages from which she will never fully recover. Her brain was deprived of oxygen for so long that she suffered hypoxia, a dangerous condition which can cause permanent damage to other important organs.

Carren was in a coma for 15 days, after which she spent a week going in and out of consciousness.

Dedicated Nurse and Family Woman

Carren Stratford is 56 years old and was working as a nurse at John Peter Smith Hospital in Fort Worth before her tragic accident. Known as a dependable and helpful worker, she took on extra shifts to try to visit her family in Kenya.

Carren has two adult children, who have been by her side as she recovers in the hospital. She was finally able to mouth the words “I love you” to them.

Hospital Statement

Chief Executive Officer Robert Earley has expressed concern and sadness on behalf of the hospital because of Ms. Stratford’s injuries. He says that the hospital is considering legal action against the elevator maintenance company, thyssenkrupp, or TKE.

Chief Executive Officer Early is searching for another company that can better provide elevator safety. He explained in a public statement how devastating it was for the hospital to see one of its own injured, and how the hospital had believed that they could trust a company holding itself out as an expert.

Frank Branson, the attorney for Carren Stafford’s family, said the hospital’s actions after the incident were commendable but they are still considering filing a lawsuit.

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Sheriff of Small Texas County Sued for Sexual Misconduct

Posted by David Brown 
· February 26, 2019 

One thing that is certain, which came out of the thousands of personal stories recounted on the MeToo Movement, is that sexual harassment is not limited to Hollywood producers, actors, and politicians. It can also happen in any workplace, anywhere, where one person has power and authority over another one.

It Can Happen in a Small Town

These allegations can occur even in lowly-populated rural areas such as the recent lawsuit filed in federal court in Waco, Texas. The lawsuit, filed on behalf of Shirley Boger, alleges sexual misconduct by Sheriff Ricky Scaman. He is the county sheriff for nearby Falls County. Falls County only has about 18,000 people. The biggest town is Marlin, TX, where the sheriff’s office is located, with a population of around 6,000.

History of Sexual Abuse Allegations

The recent civil lawsuit by Shirley Boger is the second time Sheriff Scaman has been sued by a county employee alleging sexual misconduct. The first lawsuit was filed by Nanci Anderson in April 2018. She worked as an assistant chief deputy for Scaman. In Anderson’s suit, she alleges that Scaman subjected her to sexual harassment, gender discrimination, and created a work environment, which was so hostile that she was forced to quit.

Boger vs. Scaman

Boger worked as a dispatcher and jailer for the sheriff’s department. Sheriff Scaman was her boss. The lawsuit claims that Scaman has a history of discriminatory behavior against female employees who work for the sheriff’s department that he supervises.

In the suit, Boger claims that on one occasion Scaman invited her into his private office, closed the door, and asked her if she had been thinking about him. She also alleges that this type of encounter happened more than 20 times. Some of these times she claims he licked her face, groped her body, and then sexually assaulted her.

Scaman’s Defense

Scaman denies the claims. He refuses to comment on the case except through his attorney. His attorney says that Boger was terminated after she walked off the job, during the middle of a shift, while Scaman was on vacation in Mexico. There was no dispute alleged to have occurred with the supervisor in charge at that time, who was the chief deputy.

After Boger quit, she continued to exchange text message with Scaman. Scaman’s attorney says these communications do not reference any sexual misconduct. The defense attorney says it is inconceivable that the text messages would continue if Boger had been raped more than 20 times in the tiny sheriff’s office that is surrounded by other personnel.

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Train Derailment Ends in Two Railway Workers’ Deaths

Posted by David Brown 
· February 21, 2019 

An Unavoidable Crash

On October 4, 2018, a Union Pacific train was heading east toward North Platte, Nebraska, when the crew realized there was a problem. The brakes were malfunctioning, and they radioed ahead to let dispatch know what was happening.

At that moment the train went out of control and sped up to 50 mph, with the crew trying and failing to slow it down. Unfortunately, the train didn’t stop until it encountered another train which was stopped on the tracks.

Nobody was on the other train, so luckily no one on that train was injured. However, two men lost their lives on the train with the defective brakes.

A Scene of Chaos and Despair

Conductor Benjamin Brozovich had worked for Union Pacific for 20 years before he lost his life in the disaster. As the train he was on rear-ended the stopped train about 18 miles west of Cheyenne, the impact was so strong that 66 trains derailed. According to the National Transportation Safety Board, the damages are worth about $2.4 million.

Jason Martinez also lost his life that night, but the scene was so chaotic that his body wasn’t found until the next day. An employee of Union Pacific for 12 years at that time, he was originally thought missing after the accident.

Two other crew members were injured that night, but they were treated at a local hospital and then released.

How Could This Happen?

Trains are normally considered orderly and predictable, and rail workers strive to meet high standards for rail travel. Trains and equipment undergo regular inspections in order to comply with those high standards.

There are data recorders on trains similar to the black boxes on airplanes, and they keep track of important information that will assist the NTSB as it investigates the accident. The data includes information such as the train’s speed, the use of the train’s brakes and the use of the horn. At this time, the NTSB has not completed its investigation but believes that the brakes malfunctioned, as the crew originally reported.

The scene will take a long time to clean up, and in the meantime, the widow of Jason Martinez plans to file a lawsuit.

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School Bus Accident Drives Wyoming Lawsuit

Posted by David Brown 
· February 19, 2019 

On Oct. 4, 2017, at the cross-streets of CY Avenue and Ash Street, in Casper, Wyoming, Rick Walsh was riding his motorized bicycle near Natrona County High School when he was hit by a bus owned by the school district. The accident occurred when the bus turned left while Walsh was riding through the intersection.

Rick Walsh’s mother, Jacqueline Willis, has been legally appointed conservator and guardian of her son. Willis is suing the Teton County School District No. 1 in a suit that alleges that the driver disregarded the intersection traffic signal when turning left, failed to look for traffic, and did not yield the right of way causing, according to the lawsuit, “the school district bus to strike Mr. Walsh and his motorized bicycle.”

Walsh, age 57, now requires 24-hour care and lives in a group home. The lawsuit states that “Walsh has suffered serious and life-threatening injuries that have required hospitalizations, surgeries and full-time assisted living care. He is permanently disabled and has suffered significant traumatic brain injury.” Lawyers for Walsh and Willis are asking for over one million dollars in damages.

There were no students on board the bus at the time of the accident, which was in Casper for an activity trip. The bus was operated by Kelsey Clark, who is currently employed with the school district. Clark was not cited in the incident. Lawyers for the school district, in their Jan. 22 response, concede that the bus was involved in the accident, but deny Clark acted negligently, disregarded the light, or failed to check for traffic. The “Gillette News Record,” seeking a response to the suit from the law office of McKellar, Tiedeken & Scoggin, which represents the school, was informed that the office had no comment. Clark could not be reached.

The lawsuit was filed on January 4th, 2019, and was submitted in the Teton County District Court. The vehicular personal injury suit’s pretrial conference is set for Sept. 5, 2019. “It’s a serious case. Our jury system is the best legal system in the world, and the jury will look at it and give us justice, I believe,” says the plaintiff’s attorney, Bob Schuster. The trial is scheduled to start in early 2020.

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EEOC Lawsuit Settlement of $675,000

Posted by David Brown 
· February 14, 2019 

The amount of $675,000 will be paid by Atlantic Capes Fisheries, Inc. (ACF), a New Jersey-based shellfish harvester and processor, and BJ’s Service Co., Inc. a staffing agency, along with providing other relief to settle a lawsuit charging sex-based harassment filed by the U.S. Equal Employment Opportunity Commission (EEOC).

In addition to complying with the law, ACF and BJ’s must provide policy changes and training to educate their workforce about their rights under Title VII. Exemplifying best employment practices includes the emphasis that all employers should know they have a responsibility to prevent sexual harassment of their employees. There should be multiple avenues for employees to complain about harassment. Those ways of communication should be clear when shared with all staff. According to the EEOC’s suit, there was knowledge of the pervasive harassment but neither ACF nor BJ’s made any efforts to stop the harassment or punish the harassers. The four women filing discrimination charges with the EEOC alerted the agency about sexual harassment that was adversely affecting many of the female co-workers in the facility. According to the EEOC’s suit, women at the facility have been subject to ongoing sexual harassment since at least 2013. The alleged conduct violates Title VII of the Civil Rights Act of 1964.

The four-year consent decree resolving the lawsuit has terms for any women who have worked at ACF’s facility at any time since January 2013 and who have experienced sexual harassment will be eligible to receive a portion of the settlement. The decree is requiring both employers to revise or create policies prohibiting sexual discrimination including harassment and provide training to their managers and workers. The training and policies must be in both English and Spanish. Both employers are also required by the decree to track, retain, and investigate complaints of sexual harassment and to provide copies of those complaints to the EEOC for the duration of the decree. The decree also requires a human resources professional employed by ACF who is bilingual in English and Spanish. The filing of the lawsuit by the EEOC in the U.S. District Court for the District of Massachusetts was on September 27, 2017, after first trying to reach a pre-litigation settlement through its conciliation process.

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UPS Sued for $600,000 by Portland Man Claiming Discrimination

Posted by David Brown 
· February 12, 2019 

Does UPS (or any employer) have the right to ask a prospective employee his or her racial origin? Does asking such a question constitute discrimination? Is this action worth $600,000? These are the questions at the heart of a lawsuit filed in January in Portland’s (Oregon) Multnomah County Circuit Court by Kaon-Jabbar East El, a former UPS employee. He claims that the package deliver company violated his Islamic religious beliefs by requiring him to check a box on his employment application about his race.

What happened to prompt this court case?

Kaon-Jabbar East El claims that he was told by the UPS human resources department that he couldn’t attend the new employee orientation unless he checked a box answering the race question. East El self-identifies as a Moor, the nomadic tribe native to North and Northwest Africa. Since there wasn’t an “other” box associated with the race question on the employment form, he checked “Caucasian”, which under a federal directive is defined as people with origins from Europe, North Africa or the Middle East.

East El’s suit claims he was hired by UPS in November 2016 as an on-call truck helper. He claims he repeatedly complained about the racial identifier on the employment form to HR and UPS management, but says he was ignored. He cites his complaints about the form as the reason he was only given one shift in the 2.5 months he worked for the company. He claims he was only given that shift because he has previously told UPS management that he would be unavailable to work that day due to a death in the family. East El resigned in February 2017.

According to “Oregon Live” magazine, UPS declined to comment on the case, citing pending litigation, but a company spokesperson emphasized that the UPS workplace is free from all types of discrimination.

Do UPS’ actions constitute discrimination?

While it is up to the Multnomah County Circuit Court to decide, the U.S. Equal Employment Opportunity Commission (EEOC) offers guidelines as to what does and what does not amount to discrimination. Title VII of the Civil Rights Act of 1964 prohibits intentional discrimination, which is defines as “occurring when an employment decision is affected by the person’s race”. The EEOC further elaborates that data on race may be collected in the workplace for informational purposes.

Is this a ridiculous lawsuit or a legal action that is past due in coming to the courts? We’ll watch the Multnomah County Circuit Court’s decision with interest.

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Lawsuit against the Detroit Foundation Hotel

Posted by David Brown 
· February 7, 2019 

Once a fire station and now one of downtown’s trendiest nightspots, the Detroit Foundation Hotel, and The Apparatus Room bar has been sanctioned with a federal lawsuit citing a variety of racist behavior, such as banning black employees from the anniversary party because they should not “mix in with our VIP guests,” are “not polished” and are “dirty.”

These racist behaviors are being enforced by upper management. The lawsuit was filed by a former human resource coordination who had an overview of these racist actions. Twana Simmons is the plaintiff who claims she repeatedly elevated racist actions faced by black employees to management, but they made excuses for the behavior, ignored the complaints or told her to stop making these judgments since, “…no one here is racist.”

Hired in 2017 when the hotel opened, Simmons was fired during the summer of 2018 for using the personally using the hotel podcast studio without permission. Simmons claims she had permission and was fired because of the complaints.

Lawsuit Specifics

The lawsuit states the following specific behavior that was witnessed by Simmons:

• January 2018 – Simmons participated in a meeting where high-level managers looked up photographs of job applicants and rejected black employees stating that “…they were way too dark.”

• January 2018 – At the same meeting, Simmons overheard the hiring manager state that she wanted a “white brunette.”

• February 2018 – In another meeting, Simmons heard on manager note that they, “…did not want the employees of the hotel to attend the party because they were ‘not polished, and they are dirty’ and did not want them to ‘mix in with our VIP guests.’”

• May 2018 – Simmons requested that black employees attend a Chicago business trip but the human resource director, “…refused to consider any black employees for the venture.”

In response to these allegations, the Detroit foundation Hotel issued the following statement:

“Management takes these accusations seriously. The Foundation Hotel is an equal opportunity employer who works to create a dynamic environment for all employees and guests. While in active litigation, we deny the allegations…”

Simmons began working for the hotel in April 2017 as a reservations agent and was eventually promoted to Human Resources Coordinator in May 2017. In the lawsuit details, it was noted that Simmons regularly complained to her boss about racist behavior and was told to keep quiet.

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Actress’ Lawsuit Against Bill Cosby Will Continue Despite Her Death

Posted by David Brown 
· February 5, 2019 

Louisa Moritz was one of the first of many women to come forward and accuse actor Bill Cosby of sexual assault back in 2014. She died on January 4 in Los Angeles, but her lawsuit against the actor is set to continue despite her death, according to a statement by her lawyer, Joseph Cammarata.

Moritz may have been one of the first women to speak out about Cosby, but she was one of many women who accused the actor of sexual assault. She also later sued him for defamation when he publicly called her a liar. Moritz shared in a video with other women that Cosby had forced her to have oral sex with him when in her dressing room as they were both set to appear on “The Tonight Show with Johnny Carson” in 1970. She said she was in the green room when Cosby didn’t knock and opened the door. He then walked into her room and closed the door behind him and undid his pants. She said the whole ordeal only went on for about five minutes, but it was the longest five minutes she experienced. During the segment, Cosby didn’t make eye contact with her and she said she later felt disgusted.

Since 2015, more than 60 women have accused Cosby of sexual assault and he has denied all the allegations. He has called the women liars and said the acts that happened between them were consensual. Moritz and seven other women also sued him for defamation and he countersued those women. Even when she was sick, she still went to Washington to meet with her lawyer managing the defamation suit. In the statement, it says the claim against the actor will continue and the team handling it looks forward to a solution and to show that she was telling the truth so her legacy is not tarnished. Cosby is presently serving time in Pennsylvania after he was convicted of sexually assaulting and drugging Andrea Constand at his home 14 years ago. He was sentenced to three years in prison for this incident.

Moritz had been sick for about a year when she died at the age of 72. She had been in hospice care after getting an injury in Washington after a fall. She later was moved back to her home when she died.

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