By Brandon Sipherd

The YMCA of the United States has been accused of systemic discrimination against black employees in compensation, promotions, and other employment practices.  Black employees are unrepresented in mid- and upper-level positions at the YMCA, and are paid less and receive fewer promotions than their coworkers.

Since about 2003, black employees have consistently earned less than non-blacks holding similar job positions, received promotions less frequently than non-blacks, and were assigned lower-earning positions at disproportionately lower rates than non-blacks.  This resulted in a higher turnover rate of black employees than white employees.

Last week, present and former employees filed a lawsuit against the YMCA in federal court in Chicago.  The plaintiffs allege that there exists a culture of discrimination at the YMCA that resulted in denying black employees equal employment opportunities.

In August 2005, the YMCA ordered a salary review study of its various employees.  The results of the study showed an existing need to make adjustments in salary, including salary equity adjustments for black employees who were underpaid as compared to their coworkers.  The YMCA allegedly knew of the results but failed to take any corrective measures.   Instead, organization executives chose to ignore the studies’ results and continued with the status quo.

Representatives of the YMCA vigorously deny the allegations stating that such behaviors and actions are inconsistent with the core values of the organization.

It appears that this lawsuit will continue to move forward since neither side has yet to agree to any settlement offer.

At Leeds Morelli & Brown, PC, we believe that discrimination has no place in a democratic and free society.  Our employment law attorneys are dedicated to resolving issues of discrimination based on race in the workplace and elsewhere.  Our firm has had considerable success in handling matters such as these throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658.

By Brandon Sipherd

Facebook, the most visited Internet site on the web, may pose problems for both employers and employees.  A recent national study found that employers were impressed by potential employees’ personality, creativity, and communication skills found on the Internet.  But employers have also rejected job applicants for inappropriate photos, content relating to drinking and drugs, and misrepresentation of skills found on Facebook.  By doing this, employers may be violating anti-discrimination laws that have protected employees for decades.

Currently, there is no established case law restricting an employers’ use of Facebook in making its employment decisions.  However, as employers continue to use Facebook to make their decisions, litigation will simultaneously increase with regards to this issue.

Since there is very little legal guidance on the issue of using Facebook or other social medial sites to screen potential employees, many employers have begun to craft company policies in order to protect themselves.  Because social media sites are aimed at friends and family, employers must be careful that the information obtained from the site does not result in discrimination of a protected class—namely race, gender, religion, disability or sexual orientation.  If an employer, for example, screened out applicants, even before interviewing them, based on racial or religious details obtained from social media sites, the employer would be guilty of discrimination.  Using such information to form the basis of an employment decision is against the law.

The same goes for employers who reject an applicant who discloses union organizing, smoking or drinking on a site such as Facebook because all these activities are lawful.

In 2008, a New Jersey employer was sued for the improper use of information obtained from a social media site.  Employees of a local restaurant created a password-protected blog to complain about customers and management.  One manager learned of the blog and persuaded one of the employees to allow him to read the blog.  This resulted in two employees being fired for their written comments posted on the blog.  The two employees then sued the employer and won a $17,000 judgment.

Employers use social media sites like Facebook because there is a need and pressure to hire carefully, especially in an economy where applicants are plenty and jobs are few.  Sites like Facebook also make it easy for employers to discover information that is usually difficult to obtain because of privacy restrictions.

Prudent employers should disclose to potential employees that the applicant process will include reference checking from information found in the public domain, such as Facebook.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law.  We believe that discrimination based on a person’s race, religion, gender, ethnicity or disability has no place in a democratic society.  Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.