Law Offices of Dan A. Atkerson

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Can These Programs Help End Tech’s Diversity Problem?

The technology industry has an ongoing struggle with diversity. There is a clear shortage of women and minorities at many of the top companies. Could programs like these help solve this important problem? http://www.forbes.com/sites/kaviguppta/2016/09/27/how-an-apprenticeship-pilot-might-solve-techs-diversity-problem/#7b37f51b4f6c

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What Are Some Examples of Workplace Retaliation?

Workplace retaliation is like the cherry on top of an exceptionally bad sundae. Here are a few story examples of what workplace retaliation may look like.

Many people endure unfair treatment at work because they believe their boss with retaliate if they take any measures to stop the problem. The law has protections in place to protect your right to file complaints. Here are some examples of what qualifies as workplace relation. The fear of losing your job should never stop you from seeking justice.

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How Do I Stop Sexual Harassment at Work?

Sexual harassment is highly destructive, for both the victim and the company. If you have a coworker who won’t stop sexually harassing you, you owe it to yourself to put an end to it once and for all. Here’s how you do it.

Confront the harasser – Simply confronting the person harassing you about their behavior is often enough to make them stop. If only it worked every time.

Speak to your supervisor – You may have to go over the harasser’s head to make them stop. Tell a manager that your coworker is being inappropriate and making you uncomfortable.

Go to HR – If the manager doesn’t help, or if they themselves are harassing you, go to human resources and file an official complaint.

Consult an employment attorney – After filing your complaint, it’s usually a good idea to talk with an employment lawyer about your next steps.

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It’s just not fair that Batgirl is paid less than Robin. Same Employer. Same Job. Equal Pay. Come on, Bruce.

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Robin Wright Demanded Equal Pay as House of Cards' Co-Star

Score 1 for equal rights, thanks to Claire Underwood, who held all the cards. Robin Wright says s...

It’s unfortunate that she even had to resort to making those demands. She is just as important to the success of the show, and equally talented. She deserves to be paid just as much as her co-star. I’m very happy that both she and Netflix were able to remedy that inequality, but the fact remains that millions of other women are still suffering from gender wage disparity. Speak up about inequality, and you can make a difference.

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What Will an Employment Lawyer Look for in a Sexual Harassment Case?

When an employment attorney looks over your complaint, they will be evaluating its validity and strength based on a variety of factors, including:

Did you report the harassment? Previous complaints filed with HR will strengthen your claims.

Speaking of evidence, an employment attorney will look for any evidence you have of the harassment. Emails, texts, notes, witnesses, etc. will all be crucial.

Whether the conduct was actually unwelcome. If you participated in the jokes, or did not reject sexual advances, it may be harder to prove the behavior was unwelcome.

What did the sexual harassment cause you to lose? If you were fired, or lost wages due to the harassment, share that with your employment attorney.

Check out our blog for more information about sexual harassment lawsuits.

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Workplace Bullies Rarely Work Alone

Workplace bullying is an all too common occurrence in our companies today. Even worse, when you have one workplace bully, there are usually more. Studies conducted in London found that when a supervisor acts as a bully, singling out one or a few employees, those workers immediately become targets for a handful of co-workers. Come on guys, play nice. Check out our blog if you’re working in a hostile work environment.

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Casual Sexism in the Workplace

Everybody is guilty of it, women and men alike, but it is time for a change. Casually sexist comments that may otherwise seem innocuous or harmless need to go. Here are a few examples of the phrases we should abolish from our vocabulary.

·         Stop calling woman “the girls”

·         No more Honey, Sweetie, Dear

·         No more judgements against men taking paternity leave

·         Never refer to a person by their looks, i.e. “the pretty one”

·         Don’t call assertive women out for “being bossy”

·         Stop asking only women to be the note takers at meetings

·         Don’t assume a woman will quit after getting pregnant

·         Invite women to gatherings outside of work

·         “Office Mom” needs to stop being a thing

For more information about the damage casual sexism in the workplace can cause, read our blog here.

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Did You Know These Were Illegal Interview Questions?

Workplace discrimination is an unfortunate problem affecting every job field. Even more unfortunate is that sometimes the discrimination can start before you’ve even gotten the job. Here are some examples of interview questions that may constitute illegal discrimination.

·         How Old Are You? Applicants and employees over 45 are protected from employment decisions based on their age.

·         What County Are You From? Asking where you came from, or if you speak English, may be national origin discrimination.

·         Are You Married? It’s not always illegal, unless it’s an attempt to find out the likelihood of you taking maternity or paternity leave in the future. Pregnancy discrimination includes employees who think they may become pregnant later. Also, this question could be fishing for clues about sexual orientation. LGBT discrimination is also illegal in Dallas.

·         Are You Religious? It is illegal to make employment decisions based on a person’s religion.

·         How’s Your Health? Employers may be trying to figure out your potential longevity with the company. Disabilities should not be factors in hiring decisions.

·         Do You Drink? This also falls under disability discrimination since past alcohol and drug addiction is considered a disability. However, asking about current drug use is legal.

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What Should I Do About Sexual Harassment?

In recent years, huge progress has been made toward identifying and stopping sexual harassment, but people are still generally unprepared to handle it if they are harassed. Here are some important points to keep in mind if you are being harassed.

·         Company policies are typically much more specific than federal laws as to what constitutes sexual harassment.

·         In an uncomfortable situation, the first step towards correcting it is to talk to the person making you uncomfortable. They may not be aware of how they are making you feel, and simply telling them may fix the problem.

·         You are not required to tell your immediate supervisor about harassment. Go to the HR director instead.

·         HR and employers must stay objective when an employee claims harassment, so don’t be offended if they ask if it’s okay that they investigate your claims.

·         The company may decide to relocate or fire the person harassing you so that you may work in peace.

·         Consult an attorney before making a sexual harassment complaint so that you will have someone in your corner through the entire process.

Check out our blog for more info.

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Kim Davis and Religious Conflicts in the Workplace

Kim Davis has become something of a household name in recent weeks after she claimed she was acting “under God’s authority” when she denied gay couple their constitutional right to obtain marriage licenses under the U.S. government’s authority.

Her actions were not dissimilar to the actions of others in the past that have struggled to reconcile their own spiritual beliefs with their job duties. Other prime examples include pacifist post office workers that refused to file draft registration forms during the Vietnam War, nurses that that were against participating in abortions, or another recent case in which a Muslim flight attendant felt disinclined to serve passengers alcohol.

Employers are required to afford their employees reasonable accommodation for their religious beliefs so long as it does not cause any undue hardship on the employer. To learn more about what constitutes undue hardship and what kind of accommodations an employer may be required to make for their employees, check out our blog here.

Atkerson Law Firm – Dallas employment lawyer

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A Minority Report

Over the last few decades we have made tons of progress in stamping out sexual harassment in the workplace, but there is still a long way to go. For all the progress we’ve made in recent years towards making women feel safer at work, we’ve been overlooking another group almost entirely; Men. The EEOC has done recent studies showing that around half of women in the workforce claim to have experienced some form of sexual harassment and account for about 85 percent of all sexual harassment complaints. That same study reports that a third of men also claim to have experienced sexual harassment but less that 15 percent of claims brought to the EEOC are filed by men. This is due primarily to stigma involved in male harassment cases. Many men feel as though their claims would not be taken seriously. Sexual harassment in any form is unacceptable and should be treated as such. Check out our blog for more info, and give us a call if you have any issues with continuous sexual harassment where you work.

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Lubbock Police Discriminated Against Hispanics, Women

The Department of Justice Civil Rights Division says the city of Lubbock has been discriminating against Latinos and women in the hiring of police.

A DOJ investigation found the Lubbock Police Department discriminate against Hispanics and women in hiring probationary police officers, according to a letter from the DOJ.

The DOJ accused the department of violating Title 7 of the Civil Rights Act of 1964 in regard to its written and physical exam standards. They found that over the last five years, 68 percent of Latino applicants passed the written exam compared to 88 percent of white applicants.

The physical exam had even more variation between the sexes. Males passed at approximately 81 percent compared to 37 percent of females, the letter said.

The DOJ may file a lawsuit upon claims of violating the Civil Rights Act. If so, the suit will be filed no later than August. The DOJ is encouraging the city to participate in settlement negotiations to resolve the issue without litigation.

Atkerson Law – Dallas Employment Law Attorney

http://www.dfwlaborlawyer.com/department-of-justice-says-lubbock-police-discriminate-against-hispanics-women

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Abercrombie Decision Has Pregnancy Discrimination Implications

The Supreme Court siding with a Muslim woman in a high-profile employment discrimination lawsuit against retailer Abercrombie & Fitch could have implications on future pregnancy discrimination suits.

In 2008, Abercrombie & Fitch refused to hire Samantha Elauf because she wore a headscarf they argued went against dress code.

Elauf filed a lawsuit, and Abercrombie argued the store wasn’t discriminating.

The Court said that if an employer can implicitly see that a factor driven by faith would prevent an applicant from the job, the employer has to try to offer a “reasonable accommodation.”

The phrase “reasonable accommodation” is the part that concerns pregnant workers.

Employers can’t make assumptions, whether it’s a religious issue or a disability such as pregnancy. The burden is on the employer to explain the “essential functions” of the job and then ask the job candidate if they can complete them.

If the applicant says yes, then no further questions. If the applicant says no, the employer has to consider if a “reasonable accommodation” is possible.

Atkerson Law – Dallas Employment Law Attorney

http://www.dfwlaborlawyer.com/supreme-courts-abercrombie-ruling-has-pregnancy-discrimination-implications

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What Does It Mean to Be an At-Will State?

“At-will” employment means that employees and employers are able to end their relationship to one another at any time. Because of this, sometimes employers will use the at-will doctrine to fire employees for discriminatory reasons. Here is a list of exceptions to the at-will doctrine:

· You cannot be fired for membership in a protected class, like race, sex or age.

· You cannot be fired for being in a union or acting under collective bargaining agreements.

· You cannot be fired for refusing a polygraph test.

· You cannot be fired without notice in the case of a mass layoff in companies with more than 100 employees.

· You cannot be fired as retaliation for discrimination complaints or supporting another employee’s discrimination complaint. You also cannot be fired as retaliation for taking medical or military leave, jury duty or filing for workers’ comp, among other reasons.

· You cannot be fired for filing health or safety complaints.

· You cannot be fired for making wage claims.

If you believe your firing violated one of these at-will exceptions, contact an employment law attorney.

Atkerson Law – Dallas Employment Law Attorney

http://www.dfwlaborlawyer.com/are-there-exceptions-to-at-will-employment-laws

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Feds Rule in Favor of Workers Facing Race Discrimination

Workers formerly employed at a shuttered Sara Lee (now Hillshire Brands) facility are being allowed to discuss a settlement with the company after the Equal Employment Opportunity Commission found that the employees sufferedracial discrimination.

Dozens of employees reported racist graffiti in the facility’s bathrooms, including epithets and drawings of apes and men hanging from nooses. Reportedly, the managers of the facility made some of the graffiti.

Additionally, African-American workers were forced to do the more dangerous jobs that exposed them to asbestos, black mold and other toxic materials. These behaviors demonstrate a violation of Texas Labor Code Chapter 21 and Title VII of the Civil Rights Act of 1964.

If you believe you have suffered race discrimination at work, it is wise to discuss the problem with a skilled employment law attorney.

Atkerson Law – Dallas Employment Attorney

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Can Employers Require Workers to Get Vaccinated?

With the Disneyland measles outbreak popping up on headlines across the United States, you may wonder whether it is possible for an employer to require workers to be vaccinated against contagious disease. Legally, an employer can tell workers that they must be vaccinated, but to do so opens up potential lawsuits under various acts.

The Americans with Disabilities Act (ADA) prohibits discrimination on medical grounds in the workplace. If a worker’s religious beliefs preclude vaccination, an employer can be sued for requiring it under the Civil Rights Act of 1964. The Health Insurance Portability and Accountability Act (HIPAA) and the Genetic Information Nondiscrimination Act (GINA) are both meant to protect worker privacy, so even the act of asking an employee if they are vaccinated could open up a discrimination case.

Atkerson Law – Dallas Employment Attorney