Articles Posted in Gender/Sex Discrimination

With the Equal Employment Commission’s (EEOC) new web portal, filing a workplace discrimination charge just got easier than ever. According to the EEOC, the portal was created in response to an increasing demand for the agency’s services. In 2017, the EEOC responded to more than 140,000 inquiries and 550,000 calls. The EEOC hopes that the portal will provide a more efficient way for people to contact the agency, as well as to sign and file an employment discrimination charge.

The portal, which has been piloted in multiple EEOC offices across the country, allows the public to file a charge online. From there, the individual can provide additional information, upload supporting documents, check on status, and even agree to mediation.

“This secure online system makes the EEOC and an individual’s charge information available wherever and whenever it is most convenient for that individual,” said Victoria A. Lipnic, EEOC acting chair. “It’s a giant leap forward for the EEOC in providing online services.”

What is Employment Discrimination?

Before the Civil Rights Act of 1964 was passed, employment discrimination was legal, and occurred with shocking frequency. Although workplace discrimination and harassment are now illegal, they still rear their ugly heads from time to time. In fact, employment discrimination still affects hundreds-of-thousands of workers every year. Fortunately, today’s legal protections help bring justice to victims of workplace discrimination. A Boston employment discrimination attorney can help you determine how to proceed if you’ve been discriminated against at work.

Common Types of Employment Discrimination

Employment discrimination takes many forms. If you are discriminated against based on your membership in a protected class, you may have a successful discrimination lawsuit on your hands. The most common types of unlawful employment discrimination are based on:

  • Age: Individuals age 40 and above are protected against age-based discrimination by the Age Discrimination in Employment Act (ADEA).
  • Disability: Employees with qualifying disabilities are protected by Title I of the Americans with Disabilities Act (ADA).
  • National origin: It is unlawful under Title VII of the Civil Rights Act to discriminate against an employee or prospective employee based on their country of origin, accent, or ethnic background.
  • Pregnancy: Pregnancy discrimination is a form of sex discrimination, and is prohibited under the Pregnancy Discrimination Act.
  • Race: Under Title VII of the Civil Rights Act, employees are protected from race-based discrimination, including harassment or discrimination related to the employee’s skin color, perceived race, and interracial relationships.
  • Religion: According to Title VII of the Civil Rights Act, employers may not treat employees differently based on their religion, religious beliefs, or participation in religious activities.
  • Sex: In addition to sexual harassment, sex-based discrimination includes any type of different treatment related to the employee’s sex, such as paying a woman less than her male counterpart. Sex-based discrimination is prohibited under Title VII of the Civil Rights Act.

Fortunately, it is also unlawful for an employer to retaliate against an employee for filing a discrimination claim, testifying, or participating in an investigation into employment discrimination. A MA workplace discrimination lawyer can help you recover damages if you’ve been the victim of discrimination at work. Continue reading

Barry Coleman was hired as HR director at Netflix in early 2016. The streaming giant offered Coleman the job after seeing his presentation on doing business in China, in 2015. Shortly after receiving the offer, Coleman learned that his son had been murdered. Distraught over the tragic loss of his son, Coleman suffered from severe depression. But Netflix maintained their offer of a $500,000 annual salary to be the director of employee services.

Coleman alleges that his recruiter, Barbie Graver, former VP of talent at Netflix, said that Netflix would accommodate his situation: “If you work at half your normal speed for the first six months, I’m okay with that.” However, Coleman says that this special treatment was quickly replaced with harassment. He claims to have been ostracized for not working the “Netflix Way,” and for being disengaged. But that wasn’t the worst of it.

Coleman claims that a male superior began making inappropriate advances in April 2016. He initially asked Coleman to join him for a rendezvous with another male business exec. Coleman politely declined the offer, but the invitations didn’t stop. As stated in the complaint filed in Los Angeles Superior Court: “Being heterosexual, [Coleman] was uncomfortable with [the superior’s] advances and attempted to keep some distance so as not to offend his superior. However, the invitations to go out continued.”

Not “Netflix Enough”

Then came the gossiping. According to Coleman, the superior began talking about him with other employees, saying that Coleman wasn’t “Netflix enough,” and calling him arrogant. When he brought the issue to Graver’s attention, not only did she not initiate an investigation, she claimed to be “cool” with this type of behavior. A MA employment law attorney can help you determine how to proceed if you’ve been the victim of workplace sexual harassment.

The complaint went on to say that: “During [Coleman’s] employment, Ms. Graver discussed her handling of a prior sexual harassment claim at Netflix. She told [Coleman] that the accused employee had a history of making inappropriate comments and had been warned on numerous occasions. Ms. Graver also told [Coleman] that many Netflix executives would make inappropriate sexual comments and that [she] was ‘cool’ with it, but understood that others may not be. Ms. Graver, in communicating these and other examples of Netflix unwritten policy of tolerating harassment and discrimination, made it clear to [Coleman] that he should not be ‘over-sensitive’ even when he was being harassed by his superior.”

Apparently the situation only continued to get worse until Graver took a new job. According to Coleman, Graver’s replacement did not wish to accommodate his continued psychological needs from the death of his son. As such, his employment was terminated in May 2016. Netflix holds that Coleman’s termination was based on poor performance. The company claims that he was rarely in the office, and that he was often condescending to his subordinates. Continue reading

Despite the significant advancements and legal protections of recent years, gender discrimination is still a major problem in the workplace. Laws such as Title VII and the Equal Pay Act of 1963 were enacted to prevent gender bias, but issues including unequal pay and sexual harassment continue to harm women in industries across the country.

The issue is especially prevalent, and easy to overlook, in male-dominated industries, such as IT. Gender bias is a form of discrimination, and is therefore a prohibited practice in the workplace. Some forms of bias are obvious, while others may be harder to recognize. So how do you determine whether you’ve been a victim of gender bias in the workplace? In addition to protecting yourself from further discrimination, calling attention to gender bias helps other employees who may also be suffering.

Common Types of Gender Bias

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