Posts tagged with "CCHRO"

3 Fairfield Students Promise Legal Action for Discrimination

FAIRFIELD — Three minority students at Fairfield High School – arrested after a brawl last February in the school’s parking lot –plan to sue the town, claiming they were singled out for arrest because of their race and ethnicity. Continue Reading

Hurdles Employees Must Jump in Filing a Claim for Unlawful Discrimination

Here in Connecticut and across the nation, employees from all walks of life routinely face unlawful discriminatory practices and treatment in the workplace. Depending on the nature of the claim, he or she may file civil lawsuits under Title VII (which prohibits employment discrimination on the basis of race, color, religion, sex, and national origin) or the Connecticut Fair Employment Practices Act (CFEPA).

However, employees need to keep in mind that before they seek recourse with the courts, they must first exhaust all of their administrative remedies. “The exhaustion requirement exists to afford the administrative agency the opportunity to investigate, mediate, and take remedial action.”[1] Failure to do so will result in dismissal of the case (see, for example, this previously-discussed case).

Furthermore, employees must pay attention to statutory time restrictions for filing administrative charges under Title VII and CFEPA:

To sustain a claim for unlawful discrimination under Title VII in a deferral state such as Connecticut, a plaintiff must file administrative charges with the EEOC [Equal Employment Opportunities Commission] within 300 days of the alleged discriminatory acts.[2] … CFEPA requires that a complainant file the administrative charge with the CCHRO [Connecticut Commission on Human Rights and Opportunities] within 180 days of the alleged discriminatory act.[3]

Courts are particularly cognizant of these requirements and endorse “strict adherence… [as] the best guarantee of the evenhanded administration of the law.”[4] As a result, the time bar will begin running for each individual adverse employment action against the employee on the date it occurred. Failure to timely file a claim may prevent it from being reviewed by the EEOC or CCHRO.

However, employees often endure discriminatory practices over a prolonged period of time, so even if alleged conduct falls outside of the charging period, it may be reviewable. An important exception to strict adherence is the continuing violation exception, which involves incidents occurring both within and outside the time bar. A continuing violation occurs “where there is proof of specific ongoing discriminatory policies or practices, or where specific and related instances of discrimination are permitted by the employer to continue unremedied for so long as to amount to a discriminatory policy or practice.”[5]

As an employee, it is imperative that you understand Connecticut’s statutory scheme surrounding hiring, evaluation, and termination processes, as well as the requirements for filing a lawsuit under State and federal anti-discrimination law. The attorneys at Maya Murphy, P.C., assist clients in Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, and Westport. If you have any questions regarding any employment law matter, please do not hesitate to contact Attorney Joseph C. Maya. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.


[1] Stewart v. United States Immigration and Naturalization Service, 762 F.2d 193, 198 (2d. Cir. 1985).

[2] Flaherty v. Metromail Corp., 235 F.3d 133, 136 n.1 (2d Cir. 2000).

[3] Connecticut General Statutes § 46a-82e.

[4] Mohasco Corp. v. Silver, 447 U.S. 807, 826 (1980).

[5] Cornwell v. Robinson, 23 F.3d 694, 704 (2d Cir. 1994).

The Best Employment Lawyers in Connecticut and New York

Discrimination
Employment Discrimination Lawyers in New York and Connecticut
State and national laws protect employees from being subjected to discriminatory treatment and termination in the workplace because of the employee’s gender, race, age, national origin, religion, pregnancy, sexual orientation, or disability. If you have reason to believe that you have experienced discrimination on the job, you should contact Joseph C. Maya, Esq. right away. Mr. Maya has a national reputation for successfully handling employment discrimination matters. He can be contacted via e-mail at JMaya@Mayalaw.com or by dialing (203) 221-3100 in Connecticut or (212) 682-5700 in New York.

Laws Protect Employees from Sexual Harassment in the Workplace
These laws also protect employees from sexual harassment , a hostile work environment, and from being touched in an offensive manner in the workplace by supervisors, coworkers, or even clients. Employees have a right to stop discriminatory conduct in the workplace. If an employee tries to stop that conduct or notifies a supervisor that discriminatory conduct has occurred, that employee also has protection, under state and national laws, from retaliation by the supervisor or employer. In fact, any person who complains to his or her superior or employer has protection from the law against retaliation by his or her employer. If you feel you might be a victim of racial, gender, or sexual discrimination on the job, you should contact Joseph C. Maya, Esq. at JMaya@Mayalaw.com or by dialing him at (203) 221-3100 or (212) 682-5700. Let our experience guide you and protect your legal rights at work.
Serving Stamford, Greenwich, Norwalk and surrounding communities including Darien, New Canaan, Westport, Wilton & Weston; the greater Bridgeport area including Fairfield, Stratford, Monroe & Redding; the greater Danbury area including Ridgefield, Newtown & Bethel; and the communities surrounding Milford and New Haven. We also serve all of Westchester and New York Counties.

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Use of Word “Bitch” Does Not Automatically Imply Gender-Based Hostility

A work environment is considered “hostile” if a reasonable person would have found it so and if the plaintiff subjectively so perceived it.  Outrageous conduct and egregious acts that are severe or pervasive automatically command an inference of gender-based hostility.  In the workplace of today, crude or degrading epithets, while hardly the rule, are certainly not the exception.  One such word—“bitch”—has seemingly found a place of its own in some people’s daily vocabulary.  The question arises as to whether constant use of that word in relation to a female employee is sex-based and reflects hostility toward women.  The short answer is it can, but doesn’t necessarily have to.

In a recent federal court case, a female field technician for a cable company filed suit based upon a veritable litany of gender-based abuse.  She alleged male technicians received better assignments, more overtime, and required tools and equipment.  In addition to disparately harsh working conditions, she also alleged that her foremen continually referred to her as a “bitch.”  An appellate court found based upon the record before it that constant use of the word was sex-based and reflected hostility to women.  The operative language here is “based upon the record before it.”

The plaintiff argued that the word “bitch” is such an intensely degrading sexual epithet that its use should automatically result in a finding that it implies hostility toward women.  The court readily acknowledged that the use of that word in a variety of contexts reflects that hostility.  The court rejected, however, a rule that would automatically command from its use an inference of gender-based hostility.  As in so many employment discrimination cases, the finding of a hostile work environment depends upon the totality of the circumstances.  In this case, when grouped with other acts of disparate treatment, constant use of the word “bitch” could reasonably be found to contribute to a subjectively and objectively hostile work environment.

Viewed in isolation, however, it would appear that even repeated reference to a female employee as a “bitch”, without other evidence of other sufficiently severe or pervasive discriminatory acts, will not support a claim of a hostile work environment.  Each case, however, must be assessed on its own particular facts.

The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues. Please contact our Westport office at 203-221-3100.

 

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Damage Award in Sexual Harassment case reduced from $500,000 to $50,000

In a case before the Supreme Court of New York, the Court modified a $500,000 damage award for mental anguish from sexual harassment to $50,000.  The Court found the half million dollar damage award by the Commissioner of Human Rights excessive and stated, “In sexual harassment proceedings with the State Division of Human Rights, damage awards for mental anguish and humiliation must be based upon actual pecuniary loss and emotional injury; care must be taken to insure that the award is compensatory and not punitive in nature.”[1]

The petitioner in the case was a female high school student employed by Young Legends, LLC in a franchise sandwich shop in the City of Norwich.  In January 2007 the teenage employee filed a complaint with the State Division of Human Rights alleging that Dale Blackwood, her supervisor and the owner of Young Legends, subjected her to sexual harassment during her employment.  She testified about Blackwood’s “touchy feely” interactions with female employees and offensive sexual remarks.[2]  In particular Blackwood put constant pressure on the petitioner to visit him alone in his apartment and when she eventually did so, he forced her to engage in sexual intercourse.  When Blackwood asked her to return to his apartment, she refused.  In a series of angry, insulting text messages he told her that her refusal meant she was quitting her job.

Following a public hearing the Administrative Law Judge determined that the petitioner had been subjected to quid pro quo and hostile work environment sexual harassment and that Blackwood was personally liable.  The Judge recommended a damage award of $1,218.75 for lost wages and $25,000 for mental anguish and humiliation. On administrative review, the Commissioner of Human Rights modified the order by increasing the mental anguish award to $500,000.[3]

On appeal the Supreme Court of New York indicated that in sexual harassment and discrimination proceedings with the State Division of Human Rights, damage awards for mental anguish and humiliation must be based on actual pecuniary loss and emotional injury.  Damage awards are meant to compensate the victim rather than be punitive in nature.  While Blackwood’s conduct was completely reprehensible, the court compared the evidence to similar sexual harassment and discrimination cases to conclude that the Commissioner’s award was excessive and reduced it to $50,000.[4]

 

The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County. Should you have any questions about a sexual harassment claim or workplace discrimination or any other employment law matter, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.



[1] New York State Div. of Human Rights v. Young Legends, LLC, 90 A.D.3d 1265, 1269-70 (2011)

[2] Id. at 1266.

[3] Id.

[4] Id. at 1270.

Hostile Work Environment vs. Quid Pro Quo Sexual Harassment

As an employment law attorney I can get too accustomed to the legal jargon.  One question frequently asked by prospective clients is “what is the difference between hostile work environment and quid pro quo sexual harassment?”  While both types of employment discrimination are illegal and actionable, they can take very different forms.

Perhaps the most succinct explanation of the two causes of action comes from a four-year old Connecticut Appellate Court case: Quid pro quo sexual harassment, as its name suggests, conditions employment on the return of sexual favors; hostile environment sexual harassment is conduct that “has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

There is a related variant, retaliation for complaining about sexual harassment, that also gives rise to a cause of action but which must be separately pleaded and proven.  That is why a victim of sexual harassment or retaliation should consult with an experienced employment law litigator before framing the particular allegations of a lawsuit.  At trial, you will be held to the allegations of your Complaint and limited to presenting only evidence in support of your claims.  Thus, if you plead quid pro quo, you may not be able to prove hostile work environment, or vice versa.

The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues.  Please contact our Westport office at 203-221-3100.

Hostile Work Environment vs. Quid Pro Quo Sexual Harassment

As an employment law attorney I can get too accustomed to the legal jargon.  One question frequently asked by prospective clients is “what is the difference between hostile work environment and quid pro quo sexual harassment?”  While both types of employment discrimination are illegal and actionable, they can take very different forms.

Perhaps the most succinct explanation of the two causes of action comes from a four-year old Connecticut Appellate Court case: Quid pro quo sexual harassment, as its name suggests, conditions employment on the return of sexual favors; hostile environment sexual harassment is conduct that “has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

There is a related variant, retaliation for complaining about sexual harassment, that also gives rise to a cause of action but which must be separately pleaded and proven.  That is why a victim of sexual harassment or retaliation should consult with an experienced employment law litigator before framing the particular allegations of a lawsuit.  At trial, you will be held to the allegations of your Complaint and limited to presenting only evidence in support of your claims.  Thus, if you plead quid pro quo, you may not be able to prove hostile work environment, or vice versa.

The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues.  Please contact our Westport office at 203-221-3100.

School Secretary Wins $100G Discrimination Suit

After seven years of allegedly suffering constant harassment, as well as verbal and physical abuse, School Board 8’s long-time secretary won a $100,000 settlement with the Board of Education for their lack of disciplining Dennis Coleman. The controversial school board member at the center of the harassment case still remains on the board. Continue Reading

School Secretary Wins $100G Discrimination Suit

After seven years of allegedly suffering constant harassment, as well as verbal and physical abuse, School Board 8’s long-time secretary won a $100,000 settlement with the Board of Education for their lack of disciplining Dennis Coleman. The controversial school board member at the center of the harassment case still remains on the board. Continue Reading

A Woman’s Right – 3 who fought back and won

A cleaning woman, who speaks no English, is raped by a supervisor. A plumber’s boss insists that she change into work clothes in front of male employees. A proofreader is fondled by a coworker. Other employees tell obscene jokes and make sexist remarks.

All three women filed complaints with the New York City Commission on Human Rights – and won.

“Discrimination is a strange animal. So many people don’t realize they are doing it,” said Joseph Maya, the attorney who handled the three cases. “I have cases all the time where someone has been subjected to sexual harassment, one of the most traumatic experiences a person could have.”

“Even with such serious charges, often the respondents don’t think they harassed. They think theirs is a natural reaction to a woman.”

Maya said the city agency investigates every complaint, and if someone “fears retalliation, we will prosecute a retalliation complaint too.”

He said the agency also tries to get companies to implement and adopt sexual harassment policies, telling employes it won’t be tolerated.

“Companies could save thousands of dollars by establishing such policies,” said Maya.

The proofreader he represented received $44,200 from her employer. The plumber got $18,000 and a seperate changing area. The cleaning woman got an undisclosed amount and all supervisors in her company were required to attend sensitivity training.

 

The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment law practitioners and assist clients in New York City, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere throughout Fairfield County. Should you have any questions about sexual harassment or workplace discrimination or would like to schedule a consultation, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.