Grays Harbor Community Hospital in Aberdeen, Washington, will pay $125,000 and provide training and other relief to settle a federal lawsuit alleging sexual harassment. According to the lawsuit filed by the Equal Opportunity Employment Commission, the hospital failed to take appropriate action despite repeated complaints to upper level management that a supervising pharmacist was sexually harassing at least four pharmacy technicians. Included in the allegations, the EEOC charged that the supervisor “made offensive sexual comments, inflicted details of his sex life and masturbation habits on the technicians, and showed explicit material from the internet to the women.” In addition to paying the women $125,000, Grays Harbor Community Hospital agreed to a three-year consent decree, under which it must implement training on anti-discrimination laws and post a notice at the hospital concerning the settlement.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. For more information: EEOC Website.

Leeds Morelli & Brown, PC, dedicates a large area of practice to employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

Leisha Hailey, the musician and “The L Word” actress, was kicked off a Southwest flight after kissing her girlfriend. The actress claims she and her girlfriend were escorted off the plain for getting upset about the issue. Hailey took to Twitter to publicize the issue, which has since become a public relations nightmare for the Airline. The Airline has come under much criticism after Billie Joe Armstrong of Green Day was escorted off the plane for wearing baggy pants. Full article.

The U.S. Equal Employment Opportunity Commission (EEOC) does not enforce the protections that prohibit discrimination and harassment based on sexual orientation. 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. However, there has been a lot of buzz in the federal courts surrounding gay rights. Specifically, a recent repeal of the military’s Don’t Ask Don’t Tell policy and two laws restricting gay rights — the federal Defense of Marriage Act and the California ban on same-sex marriage - have been declared unconstitutional by federal judges in recent months. These three recent decisions on gay rights issues suggest that federal judges are increasingly willing to strike down what they see as anti - gay bias embodied in legislation.

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.

American Apparel recently ran a contest to search for plus sized models for their new advertising campaign. The “Next BIG Thing” contest was, according to the company, a search for :booty-ful” models who need “a little extra wiggle room.” Nancy Upton, a size 12 Texas student, entered herself into the contest as a spoof and satire, as she felt the contest was executed in a condescending manner. Despite mocking the contest, Upton eventually went onto winning by popular vote. Upton submitted pictures of herself eating an entire chicken and bathing in ranch dressing, among other food-based poses. Even though voters chose her as their ideal plus sized woman, the company rejected her bid claiming they found her entry insulting. After receiving much criticism, the company invited Upton to Los Angeles for a tour of the company’s facilities. Full article.

The concerns over obesity continue to grow in the United States. Weight based discrimination continues to receive increasing attention, especially in the legal area. Unfortunately, because weight discrimination is not protected under New York law, there are few legal options available for individuals who suffer weight discrimination. To date, there are no federal laws that exist to prohibit discrimination based on weight. Michigan is the only state that has weight discrimination law on the books. The vast majority of people who experience weight discrimination in the U.S. must pursue legal recourse through other indirect avenues. Obese individuals have depended on the Rehabilitation Act of 1973 (RA) and the Americans with Disabilities Act of 1990 (ADA). Most cases filed under these categories pertain to weight-based discrimination in employment settings, and only a few cases have been successful. In addition, whether it is appropriate for obesity to be considered a “disability” under the ADA is questionable. If you are discriminated against based on your weight, it is important to contact an experienced employment attorney.

The attorneys at Leeds Morelli & Brown, P.C., represent students and their families in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island. 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

An Outback Steakhouse restaurant in Phoenix Arizona fired an employee on because he needed a reasonable accommodation. The EEOC has filed a lawsuit against the company, OSI Restaurant Partners, LLC d/b/a Outback Steakhouse and OS Restaurant Services, Inc. The lawsuit alleges that server John Woods, who suffers from traumatic brain injury, worked as a server from November, 2009 until approximately January, 2010, when he was fired. The EEOC charged that Outback terminated Woods’ employment because of his disability and/or because he needed a reasonable accommodation. The lawsuit seeks back pay, compensatory and punitive damages for Woods, as well as appropriate injunctive relief to prevent any further discriminatory practices. Full article.

Title I of the Americans with Disabilities Act (ADA) as amended by the ADA Amendments Act of 2008 (ADAAA), prohibits private employers from discriminating against qualified individuals with disabilities in hiring, firing, advancement, compensation, and other terms, conditions, and privileges of employment. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment, or in the way things are usually done, to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. EEOC Website.

Leeds Morelli & Brown, PC centers its practice around the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.