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Standing Up Against Workplace Discrimination: The Role of the Americans With Disabilities Act

ADA protects employees from discrimination due to injuries outside of work.

It is crucial to recognize that an employee who suffers an injury outside of work should not be deprived of the support they need from their employer. The Americans with Disabilities Act (ADA) mandates reasonable accommodations, regardless of the injury’s origin. A recent case brings this important issue to light.

Sam’s East, Inc., along with Walmart Inc., operating under the Sam’s Club name, is currently facing a lawsuit for alleged disability discrimination. This situation arose after an employee experienced significant health challenges—such as post-concussion syndrome, upper back pain, muscle spasms, and chronic lower back pain—following a car accident. The employee reached out for minor, temporary adjustments to her job duties, hoping to continue contributing to her workplace.

Regrettably, after just one shift, she was informed that accommodating her needs would not be possible. Instead, the suggestion was made for her to take additional leave until she could return without any restrictions. Despite providing an expected recovery date, the employee faced a heart-wrenching dismissal, firmly told that the company would not accommodate injuries sustained outside the workplace. This case, now in the U.S. District Court for the Northern District of Georgia, underscores the potential violation of both federal law and the dignity of the employee involved.

This distressing scenario serves as a poignant reminder of the discrimination that many individuals with disabilities continue to encounter in their work environments. The ADA clearly stipulates that reasonable accommodations must be provided, irrespective of the injury’s source. Companies like Sam’s Club have a profound responsibility to support employees facing hardships, ensuring they can return to work with the necessary adjustments in place. Just because an injury arises outside of work does not lessen the employer’s obligation to care for their employees’ well-being.

Given these challenges, it becomes increasingly important to seek the support of an experienced attorney who can advocate for your rights during such trying times. Standing up against unjust treatment is not just important, it’s empowering, not just for individual circumstances but for wider societal change. When people take legal action against discrimination, they help build a future where similar injustices are less likely to occur.

As district director Darrell Graham poignantly noted, “Employees with disabilities have a right to work… [and the] EEOC is committed to enforcing the ADA and ensuring that Americans with disabilities have equal access to employment.” By holding companies accountable, we can work together to uphold these rights and foster environments where everyone is supported and valued.

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A Guide to Class Action Lawsuits

Class action lawsuits, powerful tool to hold these organizations accountable while empowering individuals to seek justice collectively.

When large corporations or entities act negligently, unfairly, or unlawfully, their actions can harm not just one individual but entire groups of people. For consumers, standing up to such powerful organizations can feel daunting. This is where class action lawsuits come in—a powerful tool to hold these organizations accountable while empowering individuals to seek justice collectively.

This guide will walk you through what a class action lawsuit is, how to file one, and highlight some major recently settled cases.

What is a Class Action Lawsuit?

A class action lawsuit allows one or several individuals, known as the lead plaintiffs, to sue on behalf of a larger group that has been similarly affected. This is particularly useful when the damages suffered by individuals are relatively small, making it impractical to pursue legal action alone. By filing as a group, plaintiffs can streamline legal procedures, reduce costs, and level the playing field against well-funded corporations.

Class action lawsuits cover a broad range of cases, including but not limited to:

  • Defective products
  • Consumer fraud
  • Employment disputes
  • Environmental threats
  • Data privacy and security breaches

They serve to not only secure compensation for the affected parties but also compel organizations to adopt better practices, fostering long-term accountability.

How to File a Class Action Lawsuit

If you believe you are part of a group that has been wronged, here’s a step-by-step guide to filing a class action lawsuit.

1. Identify Common Grievance

The first step is determining whether numerous people have been affected in a similar way. Class action lawsuits typically require that the claims of the group (the “class”) share common legal and factual issues.

2. Seek Legal Counsel

Hiring an experienced attorney is essential. Class action lawsuits are complex, involving intricate legal procedures and extensive documentation. A skilled attorney can assess the validity of your claim, identify others affected, and guide you through the process.

3. File the Case

Once an attorney identifies sufficient grounds for the case, they will file a motion in court to establish the lawsuit as a class action. This process, known as “certification,” ensures the court recognizes the group and specifies who qualifies as class members.

4. Notify Potential Class Members

If the court certifies the lawsuit, affected individuals will be notified, allowing them to choose whether they want to participate. Those who agree will be represented as part of the class in court proceedings.

5. Litigation or Settlement

The lawsuit may proceed to trial, although most class actions are resolved through negotiated settlements. Settlements typically involve monetary compensation, changes to company policies, or both.

Examples of Recently Settled Class Action Lawsuits

To better understand the impact of class actions, here are three notable recent cases that delivered justice to affected groups.

1. The Pet Food Recall Lawsuit ($24 Million Settlement)

Helmer Friedman LLP filed a class action suit against Menu Foods, Nutro Products, Inc., and PETCO after their pet food products were linked to severe kidney damage and even deaths in pets. Thousands of distraught pet owners came forward, resulting in a $24 million settlement. This case simultaneously compensated victims and drew attention to safety protocols within pet food manufacturing.

2. Unlawful Payroll Deductions by U.S. Remodelers ($1.5 Million Settlement)

California-based sales associates of U.S. Remodelers filed a class action lawsuit over unauthorized paycheck deductions. These deductions included fees for permits and penalties for measurement errors made during their work. After litigation, the company agreed to a $1.5 million settlement, ensuring employees were reimbursed and preventing future unlawful deductions.

3. Lemonade Insurance Data Breach ($4.9 Million Settlement)

Insurance provider Lemonade, Inc. faced scrutiny for improperly sharing customers’ sensitive personal and medical data with third parties, including platforms such as Facebook, TikTok, and Snapchat. Affected users came together in a class action lawsuit, resulting in a $4.9 million settlement and a wake-up call for the insurance industry to prioritize data privacy.

These cases underscore the real-world impact class actions can have—not only in compensating victims but also in reforming unethical practices.

Why Class Action Lawsuits Matter

For individual consumers, taking legal action against large entities is often expensive and overwhelming. Corporations know this and may prefer to settle disputes quietly, case by case, rather than face the public scrutiny of a widespread issue.

Class action lawsuits balance the scales of justice. They grant consumers collective power to challenge unlawful or negligent behavior, influence positive change within industries, and ensure accountability for wrongful acts.

Important Disclaimer: Any legal process—especially one as complex as a class action lawsuit—requires professional guidance. If you believe you’ve been harmed by the actions of a company, consult with an experienced attorney with a proven record of successful class actions cases.

Take Action

Class action lawsuits demonstrate that justice is possible, even against powerful corporations. The team at Helmer Friedman LLP is committed to protecting the rights of consumers, employees, and patients. If you’ve been affected by unsafe products, unfair practices, or data breaches, our experienced attorneys can help you explore your options.

Contact us for a free consultation today and take the first step toward justice. Together, we can hold negligent companies accountable.

Filing a class action lawsuit isn’t just about compensation—it’s about creating lasting change. Stand up, speak out, and demand accountability.

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Northern Virginia Surgery Center Settles Disability and Age Discrimination Lawsuit for $50,000

Age discrimination and harassment are illegal.

A nonprofit organization has reached a settlement in a federal lawsuit that raised serious concerns about the treatment of an older employee who was on medical leave. The case involved a 52-year-old radiologic technician who, after undergoing carpal tunnel surgery, requested an extension of her leave to continue her recovery. Unfortunately, instead of supporting her during this challenging time, Northern Virginia Surgery Center, LLC (NVSC) terminated her employment and replaced her with two younger employees, aged 24 and 35.

This lawsuit serves as a vital reminder of the need to protect the rights of older workers, especially when they are navigating medical challenges that require support and understanding from their employers.

 

This situation highlights a painful reality faced by many in the workforce — that discrimination based on age can occur even in the face of legitimate medical needs. The Age Discrimination in Employment Act (ADEA) is in place to protect individuals aged 40 and older from such unfair treatment, while the Americans with Disabilities Act (ADA) mandates that employers accommodate employees with disabilities whenever possible.

The lawsuit (EEOC v. Northern Virginia Surgery Center, LLC, Case No. 1:24-cv-1721) in the U.S. District Court for the Eastern District of Virginia. This step was taken after unsuccessful attempts to settle the matter amicably before litigation.

In a commendable move towards healing and accountability, NVSC has agreed to a settlement of $50,000 and committed to implementing significant changes to better address discrimination claims in the future. Beyond the financial compensation for the employee affected, a two-year consent decree will require the company to revise its policies under the ADEA and ADA, provide essential training to management, educate employees about these important laws, and ensure that any complaints related to age or disability discrimination are reported to the EEOC.

Attorney Debra M. Lawrence expressed hope and relief following the resolution, stating, “This agreement will provide much-needed relief to the injured party and ensure that NVSC’s employees will have access to reasonable accommodations, such as medical leave, in the future.”

Mindy Weinstein, director of the EEOC’s Washington Field Office, underscored the importance of this case, noting, “This lawsuit serves as a vital reminder of the need to protect the rights of older workers, especially when they are navigating medical challenges that require support and understanding from their employers.”

It is important to note that age discrimination is a complex issue that may require legal intervention. If you or someone you know has been a victim of age discrimination, consider seeking legal advice from an experienced employment lawyer of Helmer Friedman LLP Age Discrimination Lawyers in Los Angeles. Together, we can help ensure that no one loses their job due to age.

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The Shadow Side of Corporate Culture at Fox: Addressing Sexual Harassment

Sexual harassment causes long term damage to the victims psyche.

Introduction

Corporate culture can define the success—or failure—of any business. It shapes how employees interact, influences decisions, and reflects a company’s values to the world. When that culture harbors secrecy, discrimination, or tolerance of misconduct, it can lead to devastating consequences for individuals and organizations alike.

Recent controversies surrounding Fox have brought its corporate culture into sharp focus, particularly regarding its history of sexual harassment. Today, we will explore the disconnect between Fox’s public image and the internal culture that has led to repeated high-profile cases of misconduct.

For those who have endured workplace harassment, this serves as a reminder that accountability, transparency, and reform are not just ideals but necessities. If you’ve experienced similar issues in your workplace, remember—no company is above the law.

Defining Corporate Culture

Corporate culture refers to the shared values, norms, and practices that guide how employees interact and collaborate within an organization. It’s embedded in everything from leadership style to workplace policies. A healthy corporate culture fosters respect, creativity, and accountability. On the other hand, a toxic culture breeds fear, misconduct, and complacency.

At its core, corporate culture isn’t just about glossy mission statements or the perks offered to staff. It’s about real, day-to-day experiences that shape employees’ perceptions of their workplace—a truth that Fox’s controversies bring into sharp relief.

The Image Fox Projects

Fox has long portrayed itself as a trailblazing media empire to the outside world. With its internal spotlight awards and a global reputation, the company has attracted top-tier talent and created opportunities in the entertainment and media worlds.

Internally, Fox promises a dynamic, inclusive, and fiercely competitive environment. For prospective employees, it pitches itself as an employer of choice—an arena where innovation and hard work are richly rewarded.

However, as we explore more deeply, the surface-level promises of such corporate culture often clash with the troubling reality that employees, especially women, have faced behind closed doors.

The Shadow Side of Fox’s Corporate Culture

Despite the image of success, stories from within Fox expose a corporate culture plagued by sexual harassment, discrimination, and a lack of accountability. Over the years, high-profile cases have painted a picture of unchecked power and toxic work environments.

A History of Allegations and Settlements

Below are some documented cases that highlight recurring patterns of harassment and legal action against Fox and its employees.

  1. Roger Ailes founded Fox News and served as its chairman and CEO. He played a significant role in shaping conservative media.
  • Date Sexual Harassment Lawsuit Filed: July 6, 2016
  • Award: Gretchen Carlson received a $20 million settlement after accusing then-CEO Roger Ailes of sexual harassment. This case became a turning point, exposing a long-standing culture of abuse within the organization.
  1. Bill O’Reilly was a prominent figure at Fox News, where he hosted the news commentary program The O’Reilly Factor from 1996 until 2017. For many years, The O’Reilly Factor was one of the highest-rated cable news shows, making O’Reilly a significant influence in conservative media.
  • Date Sexual Harassment Lawsuit Filed: Settlements came to light in 2017
  • Award: Over $45 million were paid across multiple settlements after allegations surfaced against the former prime-time anchor.
  1. Jamie Horowitz was a prominent executive at Fox Sports, serving as National Networks’s President. He oversaw programming and digital news operations for Fox Sports, including channels FS1 and FS22. Horowitz was known for shifting the focus of Fox Sports programming towards talk personalities and away from traditional newsgathering.
  • Date Sexual Harassment Lawsuit Filed: July 2017
  • Award: Settlement details remain undisclosed, but allegations of sexual misconduct led to his departure from the network.
  1. Charles Payne is a Fox Business Network (FBN) financial journalist and television personality. He joined Fox News Media as a contributor in 2007 and currently hosts the show “Making Money with Charles Payne.”
  • Date Sexual Harassment Lawsuit Filed: July 2017
  • Award: Like Horowitz, Payne’s settlement details were not disclosed, though harassment allegations resulted in widespread internal criticism.
  1. Skip Bayless was a prominent sports commentator at Fox Sports, where he co-hosted the show “Skip and Shannon: Undisputed” on Fox Sports 1 (FS1) from September 2016 until August 2024.
  • Date Sexual Harassment Lawsuit Filed: January 6, 2025 (ongoing) The suit alleges Bayless offered the plaintiff $1.5 million to have sex with him and that an FS1 exec grabbed her buttocks at a party.
  • Award: Still pending, this lawsuit further illustrates the cycle of accusations that continues to haunt Fox’s legacy.
  1. Charlie Dixon is the Executive Vice President of Content at Fox Sports 1 (FS1). He joined Fox Sports in July 2015 and oversees all content and production on the channel.
  • Date Sexual Harassment Lawsuit Filed: January 6, 2025 (ongoing) The lawsuit accuses Dixon of grabbing her buttocks at a bar and elevating Joy Taylor thanks to their relationship; the complaint accuses Fox of ignoring multiple complaints she lodged with HR over the years.
  • Award: Still pending, this lawsuit further illustrates the cycle of accusations that continues to haunt Fox’s legacy.

Over the years, these cases reveal a disturbing pattern of allegations, payouts, and secrecy—paving the way for a permissive environment where harassers faced little accountability.

Impact on Employees

Behind these legal battles lie real human costs. Employees who remain at Fox following incidents of harassment often report feeling unheard, unprotected, and demoralized.

Victims of harassment face stigmas that damage their confidence, health, and professional growth. For many women at Fox, silence seemed like the only option to maintain their careers. Those who spoke out, like Gretchen Carlson, risked not only their jobs but also their reputations.

This culture of fear and inaction harms more than individual employees—it weakens teams, stifles creativity, and erodes trust throughout the organization.

Fox’s Response and Reforms

To its credit, Fox has acknowledged some of its corporate failings and introduced measures aimed at fixing them. These include launching anonymous reporting tools, hiring external consultants to assess workplace culture, and holding leadership training addressing harassment.

But critics argue these reforms fall short of addressing the root causes of issues at Fox. Real accountability requires transparent communication, thorough investigations, and public disclosures about how the company handles such complaints. It’s a long road from acknowledging problems to truly shifting an entrenched corporate mindset.

Lessons for the Future

The challenges faced by Fox aren’t unique. Companies across industries must consider the long-term harm caused by toxic workplace cultures. However, Fox’s story provides a stark lesson for leaders in any organization:

  • A company’s corporate culture must align with its public image. Misalignment breeds distrust and risks credibility.
  • Harassment stems not simply from individual bad actors but from systems that enable their behavior.
  • Accountability and timely action are critical in fostering a safe and effective workplace.

For Fox, the future depends on its ability to address these issues openly. Without significant shifts, its culture risks dragging the larger organization into further controversies.

Final Thoughts

The Fox revelations serve as both a wake-up call and a rallying cry for broader workplace accountability. Sexual harassment isn’t just an HR issue—it’s a systemic failure that hampers businesses’ ability to thrive.

If you or someone you know has faced harassment at the workplace, know that there are paths to take. Contact an experienced employment attorney and hold corporations accountable for creating safe and fair work environments. Speaking up about harassment isn’t just about personal justice—it’s about ensuring that nobody else has to endure the same abuse.

Corporate culture reflects leadership and values in action. The question remains—how will organizations like Fox use this opportunity to redefine theirs?

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Confronting Asian Racial Harassment in the Workplace: Lessons from the United Airlines Case

Racial harassment creates hostile work environment. It is illegal. Helmer Friedman LLP employment attorneys in Beverly Hills.

In a deeply troubling incident of racism and discrimination, a former United Airlines employee endured both assault and racial harassment at the hands of a senior manager. This distressing situation revealed in a recently settled federal discrimination lawsuit, emphasizes the critical need for companies to genuinely commit to fostering diversity, equality, and respect for every individual in the workplace.

United Airlines, a prominent American airline based in Chicago, plays a significant role in the aviation industry with its extensive domestic and international routes. The airline operates a high volume of daily flights from its bustling Chicago-O’Hare hub, serving all six inhabited continents.

Yet, despite its influential status, this incident shines a light on the serious shortcomings United Airlines has faced in addressing the legitimate concerns of safety and workplace equality for its employees.

The troubling event unfolded in January 2021 at United Airlines’ catering facility at Denver International Airport. During the COVID-19 pandemic, when a face mask policy was in effect, an Asian employee from Mongolia was unfortunately targeted by the manager during an innocent moment of disposing of trash—leading him to briefly remove his mask. The manager’s response was not only verbally abusive, using a racial slur, but escalated to physical violence. The employee reported the incident immediately, but United Airlines’ failure to take swift and effective action only deepened the trauma and insecurity he felt.

This occurrence happened amidst a broader climate of rising hostility and violence against Asian people, ignited by unfounded beliefs that Asians were to blame for the pandemic. Racial harassment was not just a rare incident; it became a disturbing trend in public spaces, stores, and workplaces alike.

United Airlines now faces serious allegations of violating Title VII of the Civil Rights Act of 1964, which aims to protect employees from discrimination and harassment in the workplace. The lawsuit lays bare the company’s inadequate response to the complaint, even suggesting that the manager accused of this behavior received a pay raise while the investigation was ongoing. This left the employee feeling vulnerable and unprotected, ultimately resulting in his painful decision to resign.

While United Airlines has agreed to pay the former employee $99,000 and to implement additional measures to resolve the lawsuit, this situation serves as a critical reminder of the ongoing issue of racial harassment in workplaces everywhere. It underscores the urgent need for all employers, including United Airlines, to create a work environment that is not only safe and respectful but also celebrates diversity.

Anyone who has faced racial harassment in their workplace must seek help promptly. Employment lawyers can provide essential support, ensuring that the fight for justice is not only pursued but achieved.

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Wage Theft Rampant in H-1B Visa System

Combating workplace discrimination - Helmer Friedman LLP.

H-1B Visa Exploitation

The American dream, symbolizing life, liberty, and the pursuit of happiness, continues to draw many to the U.S. with promises of fulfilling careers and prosperity. Recently, Elon Musk of Tesla and SpaceX, has voiced his determination to increase the number of H-1B visas, arguing that many Americans lack the education required to fill the highly specialized roles these visa holders take on. This renewed push highlights the need to take a closer look at how the H-1B visa system operates and why corporations are eager to see more of these visas issued despite ongoing concerns about exploitation and its impact on both immigrants and American workers.

Companies such as Disney, FedEx, and Google, subcontract H-1B visa holders who are exploited by IT staffing firms like HCL Technologies, an India-based firm that grossed over $11 billion in 2020. An Economic Policy Institute (EPI) analysis of an internal HCL document, unveiled through a whistleblower lawsuit, revealed that HCL had been evading the H-1B statute which mandates employers pay their H-1B employees no less than the actual wage paid to their U.S. counterparts. This illegal practice has likely resulted in underpayment of at least $95 million, causing financial distress to thousands of skilled migrant workers.

The exploitation of the H-1B system also harms U.S. workers. When employers can undercut wages, working conditions and wages for U.S. employees are degraded. Furthermore, many are replaced by lower-paid H-1B workers, disrupting the American middle-class job market, once a beacon of hope for workers, including those of color.

Despite these flagrant violations of the H-1B law, the Department of Labor (DOL) has largely remained inert, failing to enforce wage rules and close the outsourcing loophole. This neglect not only supports the abusive outsourcing business model but also encourages offshoring high-paying U.S. jobs.

However, change might be on the horizon. The DOL, together with the Department of Homeland Security (DHS), are urged to take decisive action, including launching investigations into potential underpayments, imposing serious penalties, demanding adherence to H-1B wage rules, and closing the outsourcing loophole. The Department of Justice (DOJ) is also encouraged to pursue visa fraud aggressively under the False Claims Act.

If you are an immigrant who has faced wage theft under the H-1B visa, know that you are not alone, and help is available. Wage theft is not only unfair—it’s illegal, and you have the right to seek justice. An experienced employment law attorney can help you navigate the process and ensure you recover the wages you are legally owed. Additionally, if you have information about abuse or misuse of the H-1B visa system, it’s important to speak with a whistleblower attorney who can guide you in reporting such violations. Protect your rights and take action today.

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Offensive and Degrading Language Creates Hostile Work Environment

High Court Ruling on employment cases.

In a landmark ruling, the California Supreme Court has established that a coworker’s use of the “N-word,” even once, can give rise to valid workplace harassment claims. This decision originated from the case of Bailey v. San Francisco District Attorney’s Office, involving an African-American investigative assistant, Twanda Bailey, who faced racial harassment from a coworker in 2015. Although lower courts minimized the impact of single racial slurs, the California Supreme Court, in a unanimous opinion written by Justice Kelli Evans, emphasized the offensive and degrading nature of such language, which invokes a history of racial violence and oppression. Legal Aid at Work, which represented amici curiae and advocated for acknowledging significant racial slurs as factors contributing to hostile work environments, celebrates this ruling as an important advancement toward upholding workplace dignity and respect.

The California Labor & Employment Law Review references the Bailey v. San Francisco District Attorney’s Office case in its annual roundup of the Top Employment Cases of 2024, co-authored by Andrew H. Friedman. It states: “The California Supreme Court continued its longstanding trend of delivering mostly employee-friendly decisions. For example, in Bailey v. San Francisco District Attorney’s Office, the court ruled that a one-time use of a racial slur ‘may be actionable if it is sufficiently severe in light of the totality of the circumstances and that a coworker’s use of an unambiguous racial epithet, such as the N-word, may be found to suffice.’ The court also ruled that an HR manager’s intentional obstruction of a complaint is actionable as retaliation.”

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The Growing Gender Wage Gap: An Unseen Battle for Women Over 40

Equal pay for equal work - paying women less than men is sex discrimination.

According to a recent report from the U.S. Equal Employment Opportunity Commission (EEOC), women over 40 working in the federal sector are facing an expanding wage gap that is leaving them financially strained. This is not just a statistic; it represents real women whose lives are drastically impacted by this persistent issue.

The EEOC report notes an alarming trend: women over 40 in the federal sector earn 87 cents for every dollar earned by men of the same age. Over a lifetime, this gap can add up to hundreds of thousands of dollars in lost income, hindering women’s ability to invest, save for retirement, and even meet daily living expenses.

In fiscal year (FY) 2017, among Federal workers age 40 and over, men were paid $7,414 more annually than women (EEOC, 2022).

As the report quotes, “This wage gap is not merely a ‘women’s issue.’ It’s a societal issue that affects us all: women, their families, and the economy.” These words capture the essence of the problem, highlighting how it extends beyond individual earnings and impacts overall economic growth.

What are the solutions to this persistent problem? One approach is to enforce and strengthen laws designed to promote equality in the workplace. The Equal Pay Act of 1963 prohibits wage discrimination based on sex, insisting that women and men be given equal pay for equal work. Moreover, the Age Discrimination in Employment Act (ADEA) protects individuals 40 or older from employment discrimination based on age.

However, despite the existence of these laws, it’s evident that discrimination persists. This is where the value of an experienced employment law attorney comes into play. If you or someone you know is facing wage discrimination based on gender or age, it’s crucial to seek legal representation.

An experienced employment law attorney can help you navigate the complexities of the legal system, ensure your rights are upheld, and advocate for the compensation you deserve. The fight against wage discrimination is far from over, but with the right legal support, you are not alone in this battle.

The report’s statistics paint a clear and troubling picture of how the gender wage gap disproportionately affects women over 40 in the federal sector. Be part of the solution — stand up against gender and age wage discrimination and ensure that your workplace is one that values and rewards all its employees equally.

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Sex and Disability Discrimination – Menstruation and Related Conditions

Constitutional rights lawyers of Helmer Friedman LLP.

In recent years, a concerning rise in sex and disability discrimination lawsuits has highlighted the ongoing challenges women face in the workplace. Two particularly notable cases involving Equinox Holdings, Inc. and the Bobby Dodd Institute underscore the serious nature of these issues and the need for change.

Equinox Holdings, Inc., a well-respected fitness company, faced legal action for allegedly discriminating against an applicant based on her disability and sex. The woman, who struggled with endometriosis—a condition causing severe menstrual pain—was denied a front desk associate position despite having extensive relevant experience. Instead of being celebrated for her qualifications, she was turned away due to the misconception that accommodating her would be too inconvenient. Disturbingly, her rejection was communicated via text, explicitly referencing her “monthly cycle” as a concern. This case (EEOC v. Equinox Holdings, Inc., Civil Action No. 1:24-cv-03597) highlights a blatant violation of the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964. The lawsuit seeks justice through back pay, compensatory and punitive damages, and injunctive relief to prevent such discrimination in the future.

Similarly, the case of Alisha Coleman, who was let go from the Bobby Dodd Institute after nearly a decade of service as a 911 call taker, reveals troubling practices regarding sex discrimination. Coleman faced dismissal due to sudden, heavy menstrual flow during her perimenopause phase. Despite the protections outlined in Title VII, which explicitly prohibits workplace discrimination based on sex—including pregnancy, childbirth, and related medical conditions—her case was unfortunately dismissed by the district court, reflecting significant oversight. The ACLU has since championed Coleman’s cause, emphatically arguing that perimenopause and its symptoms are included under the protections of Title VII.

As we reflect on these unfortunate examples, it is clear that Title VII of the Civil Rights Act of 1964 mandates equitable treatment for all employees, regardless of sex—including with respect to pregnancy, childbirth, and related medical matters. The increasing visibility of such cases serves as a powerful reminder of the urgent need for robust enforcement of these legal protections across all workplace environments.

For anyone impacted by discriminatory practices, seeking guidance from a knowledgeable employment law attorney is essential. These professionals are equipped with the expertise to navigate the complexities of discrimination cases, helping victims pursue the justice they rightly deserve in the face of unfair treatment. Together, by raising awareness and taking action, we can foster a workplace landscape that truly values inclusion and equity for all.

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Wage Theft Crisis

2.4 Million workers victims of ongoing WAGE THEFT. Helmer Friedman LLP employment law attorneys.

The Hidden Theft: Billions Lost in Unpaid Wages

Injustice is not always visible – especially when companies subtly dip into their employees’ hard-earned wages. A recent study from EPI unraveled how employers are unlawfully paying less than the minimum wage to their employees – a subtle form of theft that is costing workers billions of dollars every year.

The Impact of Wage Theft: By Numbers

According to the survey data, around 2.4 million workers from the top ten most populous U.S. states are victims of this ongoing wage theft, losing roughly $8 billion annually. On an individual level, affected workers lose an average of $64 per week, accounting for almost a quarter of their weekly earnings. If these workers were paid correctly, 31% of those struggling with poverty would be lifted above the poverty line.

The Crime Wage Theft Hotspots

Minimum wage violations are more prevalent in some states than others. Florida leads the pack with a violation rate of 7.3%, followed by Ohio (5.5%) and New York (5.0%). However, when it comes to the highest amount of lost wages due to these practices, Texas, Pennsylvania, and North Carolina top the chart.

The Most Affected Demographics

Unfortunately, this unscrupulous practice is more likely to affect certain groups. Our young workforce (ages 16 to 24), women, people of color, and immigrant workers often report being paid less than the minimum wage. Part-time employees, service industry workers, and unmarried workers, especially single parents, also fall victim to these violations at a higher rate.

The Bigger Picture

When looking at the grand scale of things, the financial exploitation of workers is staggering. Bad employers are stealing around $15 billion annually from their employees, purely from minimum wage violations alone. This amount surpasses the total value of property crimes committed in the U.S. each year. Yet, there is a stark difference in the resources allocated to combat wage theft compared to property crime.

This substantial wage theft affects workers and puts undue pressure on taxpayers and state economies. Around one-third of workers experiencing these violations rely on publicly funded assistance programs like SNAP and housing subsidies. Moreover, wage theft artificially lowers labor costs for the “thieving” companies, creating an unfair competitive advantage and putting downward pressure on wages industry-wide.

The Solution

Enforcing tougher wage and hour laws and strengthening enforcement against wage theft should be a priority to deter higher rates of violations. Furthermore, raising wages for low-wage workers could lead to significant public savings and improvements in our collective health, education, and social mobility.

Nobody should be robbed of their hard-earned money, especially under the guise of employment. Let’s join hands to bring this hidden theft to light and take appropriate action.

One notable example of combating wage theft is the recent victory of Disneyland employees, who filed a class action lawsuit that resulted in a $233 million award for their lost wages. This case highlights how employees can unite to challenge unfair labor practices by collectively filing a class action lawsuit. Such lawsuits allow workers to pool their resources, share their grievances, and present a united front against powerful employers. To effectively pursue this legal avenue, employees should consider hiring an experienced employment law attorney who handles class action cases. These attorneys can guide employees through the legal process, ensuring their voices are heard and their rights are upheld while potentially securing significant restitution for lost wages.