A Federal Judge has ruled that the Air Force violated the constitutional rights of a highly decorated flight nurse when it discharged her for being gay, and ordered that she be given her job back as soon as possible. Margaret Witt, a decorated lesbian Air Force flight nurse, was suspended in 2004 and subsequently discharged under the Military’s Don’t Ask, Don’t Tell policy after the Air Force learned she had been in a long-term relationship with a civilian woman. She sued to get her job back.  Last week a California Federal Judge decided that testimony proved Witt was an outstanding nurse and her reinstatement would do nothing to hurt unit morale.  Barring an appeal, Witt will now be able to serve despite being openly gay. A federal judge in California earlier this month ruled the law unconstitutional and is considering whether to immediately halt the ban. While such an injunction would prevent openly gay service members from being discharged going forward, it wouldn’t do anything for those who have already been dismissed. Full article: USA Today

The U.S. Equal Employment Opportunity Commission (EEOC) does not enforce the protections that prohibit discrimination and harassment based on sexual orientation.  However, with the California decision declaring the policy unconstitutional and recent Presidential support to repeal the Military’s “Don’t Ask, Don’t Tell” policy, many Gay and Lesbian Organizations are hopeful that the discrimination based on sexual orientation will be prohibited in all work places.  To date, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex.  Please visit the EEOC’s website for further information.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment discrimination claims.  For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.

A New Jersey woman placed a camera in the room of her 91-year-old mother, suffering from Alzheimer’s disease, so that family members could see her, but footage shows a home health aide beating the elderly woman.  The health aide was is 52-year-old was charged with aggravated assault and now faces charges of endangering the welfare of an elderly person and neglect of an incompetent person.  In the footage, the aide is seen forcefully brushing the ward’s teeth and putting her in bed by picking her up and slamming her down.  The aide is also seen repeatedly slapping the woman and yanking her hair.  See full article.

It is important for employers to make sure the employees they hire are held to a safe and un-abusive standard of contact when working with clients, wards and especially the elderly.  The Occupational Safety and Health Act of 1970 (OSH Act) covers all employers and their employees in the 50 states.  The Act applies to employers and employees in such varied fields as manufacturing, construction, longshoring, agriculture, law and medicine, charity and disaster relief, organized labor, and private education.  The Act assigns OSHA two regulatory functions: setting standards and conducting inspections to ensure that employers are providing safe and healthful workplaces. OSHA standards may require that employers adopt certain practices, means, methods, or processes reasonably necessary and appropriate to protect workers on the job.  Employees must comply with all rules and regulations that apply to their own actions and conduct.  The general duty clause [Section 5(a)(1)] states that each employer “shall furnish . . . a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”Learn More.

The attorneys at Leeds Morelli & Brown, PC are devoted to obtaining justice for clients, both employers as well as employees, who are in need of fair labor protections. If you or someone you know has been faced with a labor dispute, unpaid overtime, wage dispute, or slave labor, please contact Leeds Morelli & Brown, PC at 1-888-585-4658, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.