Although there are various forms of , it is generally defined as a failure to treat all equally. In the employment context on the federal level, the (EEOC) is responsible for the administrative enforcement of the relevant discrimination laws in the workplace. Although at times, the EEOC does seek enforcement of the relevant discrimination laws in federal court.

Lactation discrimination is a fairly new area of sex (gender) discrimination under as amended by the ; it is essentially when an employer discriminates against a female employee who is or expressing milk.

In the case of the Equal Employment Opportunity Commission v. Funding II L.L.C, the court determined that lactation discrimination is unlawful .

Donnicia Venters worked as an account representative/collector for Houston Funding from March 2006 until she was fired on February 2009. In December 2008, she took a leave of absence to have her baby. Venters did not specify a date of return. The company had no maternity leave policy. While on maternity leave, she communicated with her supervisor and requested accommodation once she returned to work. She requested use of a back room to pump breast milk as she was breastfeeding her child. Venters was told that her accommodation could not be met. Frankly, one of the comment partners said “No. Maybe she needs to stay home longer.” When she called to return to work, she was told that her position was filled. The employer thereafter sent a termination letter due to job abandonment.

She filed a Charge of Discrimination with the EEOC alleging sex (gender) discrimination. The employer responded by saying that Venters never contacted her supervisor or attempted to return to work. After investigating her complaint, the EEOC filed a lawsuit in federal district against Houston Funding alleging in that she was unlawfully discriminated against based upon sex, including her pregnancy, childbirth, or related medical conditions.

The defendant moved for and was granted summary judgment with the district court ruling that “[f]iring someone because of lactation or breast-pumping is not sex discrimination,” and that lactation is not a related medical condition of pregnancy.” The EEOC appealed.
Upon review by the it determined that:

“lactation is a related medical condition of pregnancy for purposes of the (Pregnancy Discrimination Act). Lactation is the physiological process of secreting milk from mammary glands and is directly caused by hormonal changes associated with .” The Court of Appeals remanded the case back to the district court to resolve with a trial. This case was a victory for pregnant employees who may face sex (gender) discrimination by employers.

Based on statistical data, the EEOC has a long fight ahead of it. According to the EEOC, they received 99,412 private sector workplace discrimination charges during fiscal year 2012, a slight decrease from the previous year. However, the year-end data also showed that “retaliation, race and sex discrimination, which includes allegations of sexual harassment and pregnancy were, respectively, the most frequently filed charges.”

The post What is Lactation Discrimination? first appeared on ������..

Answer: Depends

The () has stated that ‘’ rules for workplace employees violate the law unless they are “reasonably necessary to the operation of the business.” The EEOC further delineates caveats for employers:

• A rule requiring employees to speak only English in the workplace at all times, including breaks and lunch time, will rarely be justified.
• An English-only rule should be limited to the circumstances in which it is needed for the employer to operate safely or efficiently.
• Circumstances in which an English-only rule may be justified include: communications with customers or coworkers who only speak English; emergencies or other situations in which workers must speak a common language to promote safety; cooperative work assignments in which the English-only rule is needed to promote efficiency.

They also note that even if there is a need for an English-only rule, “an employer may not take disciplinary action against an employee for violating the rule unless the employer has notified workers about the rule and the consequences of violating it.”

While English-only policies may only be warranted for “business necessity,” some courts and the EEOC take the position that such rules hinder national origin individuals from speaking the language that they are best able to communicate and employers should bear in mind that any English-only policy should not apply to non-work related casual conversation in addition to being uniformly applied regardless of race or country of origin.

The EEOC has filed national origin discrimination lawsuits against employers that have violated the law as in the case of EEOC v. Delano Regional Medical Center (). According to the EEOC, this hospital prohibited employees from speaking their native language while allowing non-Filipino employees to speak other languages such as Spanish. The EEOC further alleged that DRMC management created a for the Filipino employees by targeting them for reprimands in a company meeting that served as a reminder to the workers about the English-only policy, threatened them with audio surveillance to ensure compliance with the company’s English-only policy and encouraged other employees to report on them; all of which caused tension between the Filipino and non-Filipino staff members. In addition, the Commission also alleged that upper-level hospital management failed to investigate or take action against the alleged discrimination even after 115 Filipino employees signed a petition reporting the discrimination and harassment.

When pre-litigation settlement negotiations failed, the EEOC filed the lawsuit and sought compensatory and punitive damages, and an injunction against future discrimination. The case was settled when the hospital agreed to a three-year consent decree that required DRMC to pay monetary relief, the development of strong protocols for handling discrimination and harassment complaints, the hiring of an monitor whose function would be to help the hospital revise policies, procedures as well as conduct and anti-harassment training for staff and additional training for supervisors.

This case should serve as a reminder to employers when devising English-only policies the law should be considered and that targeting employees on the basis of their national origin is illegal. It also should empower employees to report national origin discrimination and harassment to supervisors and/or management rather than accept discriminatory treatment.

If you believe that, you have suffered from arbitrarily applied English-only rules or National Origin Discrimination contact ������. in New York. We will review your claim thoroughly, providing you with an outline of possible actions you may wish to take. We are ready to be your voice for justice.

The post Are English-Only Rules in the Workplace Lawful? first appeared on ������..

Under Federal, State and some local laws, it is illegal to discriminate against an individual for their:
• Ethnicity
• Skin color, or related facial features
• Country of origin
• Age
• Sex
• Religious beliefs
• Political alignment
• Arrest and conviction record

What constitutes discrimination?

An act constitutes discrimination if you are subjected to treatment that is different from that way others are treated. The differentiation must be in a negative or adverse manner to be considered discrimination; if, due to your race, religion, or status, you are subjected to extra special service, or some other positive act, although you may have been treated differently, the act does not constitute discrimination. Examples of discrimination include:
• Being refused service at a restaurant due to your skin color
• Not being hired for a job due because of your religious beliefs
• Other employees are promoted over you, despite your being more qualified due to your race
• Being refused entrance into an establishment due to your country of origin
• Having to resign from your employment, due to unwarranted sexual gestures and advances towards you
• Being fired from your job after your employer learns that you have different political views
• Being fired from your job due to your sexual orientation
• Not receiving service from an employee or business with anti-war views, upon their learning of your status as a veteran
• Being turned down for a job, despite being qualified, due to your marital status
• Not being allowed to enter a church after being charged with a crime

What do I need to file a discrimination complaint?

If you plan on filing a discrimination complaint, it is imperative that you document as much as possible. For example, if you have been discriminated against while applying for a job, prepare all the documents relevant to your job application process. If you were treated unfairly at a business establishment, keep receipts or other relevant material. If you are able to take photographs or video, related to the act of discrimination against you, due so. Write down the names of the offender as well as witnesses including the surrounding circumstances.

How do I file a discrimination complaint?

Before filing your complaint, you may want to consult with an attorney. When considering legal advice, it would serve you well to consult with an attorney that handles discrimination cases. The attorney will consider your claims then suggest ways to meet your legal needs.
Complaints about discrimination covered under may be filed with the federal government. To file a complaint with the , please contact the online. In New York, you may file in person at 33 Whitehall Street, 5th Floor New York, N.Y. 10004.

Complaints about discrimination covered under New York State Executive Law 296, may be filed with the state government. To file a complaint with the , please contact the online. You may file in person but, see the website for further information as the filing locations vary depending on the type of discrimination and the location.

Complaints about discrimination covered under New York City Administrative Code 8-107, may be filed with the City of New York. To file a complaint with the New York City Commission on Human Rights, please contact the online. You may file in person but, see the website for further information.

The post Filing a Discrimination Complaint first appeared on ������..