The U.S. Equal Employment Opportunity Commission (EEOC) met last week to discuss the issue of retaliation in the workplace. Many employees may be unfamiliar with the concept of workplace retaliation, but it is a growing concern for the EEOC.
Disability discrimination is one of the more difficult types of discrimination cases to prove. Because a worker already has characteristics that limits some of their workplace activities, it is very easy for an employer to either actively discriminate against them by refusing to hire or promote them for specific jobs or deny them opportunities in more subtle ways.
In America, having you day in court is symbolic of one of the more fundamental rights we take for granted, that of being able to go to a impartial court and ask for redress of wrongs. But in many instances, the right is being eliminated under a legalistic concept of contract law.
One of the more difficult decisions to make in the life of a discrimination lawsuit is determining when to stop. If you win a case in the New York Supreme Court, the state's trial court, it is easy to congratulate yourself, your attorney and their legal team. If the decision is not as favorable, you have to decide if you are able to appeal to the Appellate Division; the determination can be rather complex.
The baby boom generation has long been influential in many areas of American life. From the post-WWII explosion of the suburbs and the building of thousands of schools, to the student unrest and political protest of the 1960s, and the focus of consumer marketing, the generation has shaped much of American culture for the last 50 years.
Work place discrimination is very much a matter of perspective. It can often seem invisible to those who are not a member of a group subject to discrimination. But for those who experience it, it can be almost as debilitating as a physical injury, as they attempt to cope with loss of a job and income.
During a working career, most people believe that their experience gained while performing any job means they become more valuable to their employers. And that may be true. But that does not mean those employers want to pay for that experience. They may also believe that in some areas, older workers lack the flexibility or are not sufficiently "with it" to learn new systems or processes.
Employment discrimination can come in many guises and wears many veils. These policies are often cloaked in the language of neutrality, seemingly applying to all persons in a neutral fashion, but they often become an effective tool to exclude some by discrimination.
The importance of strong government regulation of the labor market is highlighted by the difference between Massachusetts and Connecticut. In Connecticut, there is vigorous enforcement of all relevant requirements to operate as a business, from being registered in the state to payment of workers' compensation and taxes. The Wage and Workplace Standards Division in the state's Department of Labor make numerous on-site investigations, and when they visit one site, they visit multiple locations in the area.