August 13th, 2012
As anyone running for a political office right now will tell you, the number one crisis facing the nation today is unemployment. According to the Huffington Post, more than five million Americans have been between jobs for at least six months. Unfortunately for them, new research suggests that unemployment of any kind is a major strike against job seekers.
“We found bias against the jobless among human resources professionals as well as among the broader public, virtually from the outset of unemployment,” said Geoffrey C. Ho of the UCLA Anderson School of Management and co-author of the study. Margaret Shih and Daniel J. Walters of UCLA Anderson and Todd Lowell Pittinsky from Stony Brook University also contributed to the report.
Little Sympathy for the Jobless
Researchers performed three experiments to gauge attitudes about job seekers. Human resources professionals examined sets of identical resumes and said they were more likely to pick the applicant that was listed as employed versus unemployed. College students said they felt the same towards laid off applicants as they did towards applicants who voluntarily left their jobs. A third study found that people felt slightly more sympathetic towards people whose previous employer went out of business.
“What does allay people’s bias is some explicit indication that losing your job was not your fault,” Ho said.
Importance of Proper Hiring and Firing
This research underscores how important it is for employers to obey the law when letting someone go. Unemployed people face many obstacles in their job search, including this assumption that they deserve their unemployment. If you believe that your employer unfairly fired you due to workplace discrimination or whistleblowing, you may be entitled to seek justice against them. Call us today to set up a free consultation: (305) 379-0305.
Sarelson Law Firm – Miami employment attorneys
August 10th, 2012
If you think you are a victim of gender discrimination in the workplace, you can file a workplace discrimination complaint with the Equal Employment Opportunity Commission (EEOC). Depending on your position, you may need to file one of two different ways.
Federal Employees and Job Applicants
Within 45 days of the offense, contact a counselor at the EEOC. They might suggest solving the dispute through mediation. If that does not or cannot work, you can file a formal complaint. If the EEOC does not dismiss your claim, it must perform an investigation within 180 days. From there, you can request a hearing before an EEOC Administrative Judge, or you can allow the EEOC to decide if discrimination took place.
Timelines for filing an EEOC complaint are a little more lenient here. In most situations, you have at least 180 days, unless a local agency needs to be involved, in which case you might have up to 300 days.
File a claim by visiting your local EEOC office. At this stage, you are welcome to bring your Miami employment lawyer with you to make sure you include all necessary information, dates, names and witnesses in your formal complaint. This way, you maximize your chances of a successful resolution. You can also file a claim by mailing a letter: visit the EEOC website for a list of what to include in the letter.
If you still have questions about how to file a workplace discrimination claim, please call us at 305-379-0305. The call is free, and our employment experts can tell you what to include in your complaint for the best chance of a successful resolution.
Sarelson Law Firm – Miami employment attorneys
August 8th, 2012
The Equal Employment Opportunity Commission (EEOC) says that gender discrimination “involves treating someone (an applicant or employee) unfavorably because of that person’s sex.” Earlier this week, we wrote about a woman who sued Chick-Fil-A after the manager let her go, saying that she should be a stay-at-home mom instead.
There are many other types of gender discrimination. For example:
- Retaliation. Ellen Pao is embroiled in such a suit right now, alleging that her supervisor at venture capital firm Kleiner Perkins Caufield & Byers began excluding her from meetings and crucial emails after she rebuffed his sexual advances. See also the lawsuit filed by Kelley Hardwicke, former security director for Women’s Olympic Basketball Team, who says she lost her job after she turned down a sexual advance from a superior.
- Wage inequality. Hundreds of female employees from Walmart have been fighting the chain in a lawsuit that dates back to 2000, making it the biggest class action employment lawsuit of America’s history. An independent study agrees with the women, saying that there is a large gap between male and female pay rates at the company.
- Disparate treatment: This occurs when female employees are treated differently than male employees. The Chick-Fil-A case applies here, along with asking women about their children or marital status during the interview process. Another example of disparate treatment is if an employer lays off several women, choosing to keep men on staff since men are often considered to be “breadwinners” for the family.
If your boss treated you differently from your coworkers and you believe your gender played a role in this discrimination, we want to hear from you. We offer free consultations to go over your case and discuss your story. Call us today: (305) 379-0305.
Sarelson Law Firm – Miami employment lawyers