Kentucky Employment Lawyers

Sexual harassment on the job warrants a legal filing

The term "sexual harassment" is becoming synonymous with legal filings for workplace violations in Kentucky and across the nation. Part of that is due to the newfound willingness many victims are exhibiting in speaking up to put a stop to the behavior. Part of it is because the "me too" movement on social media and other positive steps have shined more light on the issue. Regardless of why people are feeling free to come forward, there remain a significant number who are unsure of how to respond when they have been confronted with sexual harassment. Fortunately, there are legal remedies to be compensated after being sexually harassed.

Despite greater attention paid to sexual harassment, many are still unsure of what constitutes a legal violation in this context and when they can pursue compensation. It is not a simple matter of unwanted touching and sexually aggressive and inappropriate comments. Of course, these actions will generally be sufficient to file a complaint about sexual harassment. But it can extend to acts many are unaware of as being sexual harassment.

Supreme court to decide on sexual orientation/transgender rights

In Kentucky and across the nation, there is still a dispute as to how far anti-discrimination laws should go in protecting people based on sexual orientation/transgender rights. There are many laws shielding employees or prospective employees who are confronted with disability discrimination, sexual harassment, wrongful termination and more. But there is an ongoing debate regarding this issue as it is gaining greater attention. This will be a critical concern in the future and people should be aware of it to ensure their rights are protected.

Three cases involving sexual orientation/transgender rights will be heard later this year by the U.S. Supreme Court. Its decision will dictate if the federal civil rights laws also cover it and protect people in this category. The key is whether the law which protects people based on sex includes sexual orientation and how people identify based on gender. The cases are from New York, Georgia and Michigan.

Tips to navigate a hostile work environment

Many incidents of sexual harassment develop into hostile work environments. These hostile environments generally result when individuals reject unwanted sexual advances. The harassment becomes more aggressive and entirely disrupts the work environment. 

No one should have to put up with a situation like this, but there are some tips to navigate a hostile work environment.

Can disability discrimination include refusal to grant leave?

The Americans with Disabilities Act provides protection to workers to stop employers from exhibiting any kind of discrimination against them during the hiring process, when they are on the job, and when dismissing them among many other aspects of work. Employers are required to provide reasonable accommodation when it does not cause undue hardship on the business.

Disabled employees have rights to take leave if they need it. If they are legally allowed to take it and are not granted that right, this can be the basis of a legal filing. It is reasonable accommodation if the worker tries to use paid or unpaid leave and it is necessary because of the disability. The employer is not obligated to give paid leave beyond what is given to every employee. The employee should be allowed to use paid leave and then unpaid leave should be given.

Women may be losing millions due to the wage gap

The wage gap between men and women has made headlines throughout the last ten years with female employees in all industries talking about the income challenge. However, a recent study found the gap may be even more pronounced in high-earning fields, such as medicine or finance.

According to CNN, multiple analyses found large income gaps from male executive to female executives; men make millions more than their female counterpart. The same was true for female doctors and lawyers as the male lawyer earned 53 percent more than a female partner.

Hotel manager accused of religious and sexual harassment

Workplace harassment can come in many forms and Kentuckians who are subjected to it should be aware that they have rights when they believe their jobs are impacted by it. Some incidents are more unusual than others. When there is an issue at work regardless of its catalyst, the worker should not hesitate in seeking legal advice. A lawsuit can put an end to various forms of illegal behavior whether it is sexual harassment, religious discrimination, wrongful termination and more. It can also lead to compensation.

A former worker at a hotel has asserted that he was harassed by his boss and quit because of it. The manager of the hotel asked him questions about sex and his religion. She also told him he needed to have an exorcism to get rid of demons. The man had worked at the hotel beginning in June 2016. He worked from 3 p.m. to 11 p.m. When the manager became aware that the man was divorcing, she began talking about religion and demons. She told him that he needed to be "cleansed" if he was going to keep working for her. She claimed the process was like an exorcism.

Have you been injured on the job and worried about retaliation?

There are some employers who foster a work atmosphere where employees believe they could be subject to retaliation for filing a worker's compensation claim.

In Kentucky, that kind of retaliation is against the law.

Were my sexual orientation/transgender rights violated?

Increasingly, Kentuckians and people across the United States are feeling free to be who they are and not live in fear that coming out with their sexual orientation or as a person seeking to be or is already transgender will cost them their job or an opportunity at a job. People who fall into the sexual orientation/transgender rights category should have the ability to achieve just as anyone else. While it is a best-case scenario that everyone is tolerant and understanding, that is not always the case.

Unfortunately, there are still factions in society who are uncomfortable or outright discriminatory when it comes to these situations. If there is a belief that a person's sexual orientation or status as transgender is negatively impacting their job prospects, they have the right to seek compensation in a legal filing. According to the Equal Employment Opportunity Commission (EEOC), sexual orientation and transgender status are protected under the Civil Rights Act. Knowing when an employer's actions have violated the law sufficiently to warrant a legal filing is key to a case.

Worker files disability discrimination lawsuit against Amazon

Kentucky workers who are suffering from an illness or condition that requires various reasonable accommodations so they can do their job should be granted those accommodations without fear of not being hired or losing the job because of their issues. If they are dismissed and it is due solely to the disability or illness, they have the right to file a disability discrimination lawsuit. This is true regardless of the kind of job it is, even if it is against one of the biggest and most powerful companies in existence or a small "mom and pop" store. Having legal advice from the beginning is a critical aspect toward a successful filing.

A former worker at an Amazon call center was dismissed from his job, he claims, because he needed frequent restroom breaks because of his Crohn's disease. He has filed a lawsuit after his dismissal. According to him, the company discriminated because of those necessary breaks. The case says that he was a good worker and did not get the breaks he should have, instead being forced to adhere to the designated times at which workers could use the restroom. The company did not comment, but stated there is no monitoring of restroom breaks.

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