Category: hostile work environment

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Combating Workplace Sexual Harassment: Your Legal Rights

The law ensures a workplace free from sexual harassment -Helmer Friedman LLP.

Breaking the Silence: Combating Sexual Harassment in the Workplace

The statistics are alarming, but the stories behind them are even more harrowing. According to recent data from the Equal Employment Opportunity Commission (EEOC), sexual harassment complaints are surging. In 2024 alone, complainants filed 35,774 claims, representing a staggering 32% increase since 2022. This sharp rise indicates that despite increased awareness, workplaces across the country remain dangerous environments for thousands of employees.

Sexual harassment is not merely an uncomfortable social interaction; it is an unlawful violation of civil rights that can derail careers and shatter mental health. Whether it manifests as subtle, derogatory comments or overt physical assault, the impact on the victim is profound. For those navigating this difficult terrain, understanding the legal landscape is the first step toward justice. It is crucial to recognize what constitutes harassment, how the law protects employees, and the specific recourse available for those forced to endure a hostile work environment.

Understanding the Legal Definitions

To combat harassment, one must first define it. Both federal and state laws provide clear frameworks for what constitutes illegal conduct. Under the California Fair Employment and Housing Act (FEHA), harassment based on sex is broadly defined. It includes not only sexual harassment but also gender harassment, gender expression harassment, and harassment based on pregnancy, childbirth, or related medical conditions.

The EEOC creates a distinction between isolated incidents and a pervasive culture of abuse. While the law doesn’t prohibit simple teasing or offhand comments, conduct becomes illegal when it is so frequent or severe that it creates a hostile work environment. This occurs when a reasonable person would find the workplace intimidating, hostile, or offensive.

Furthermore, the victim does not have to be the person directly harassed; they can be anyone affected by the offensive conduct. The harasser can be a supervisor, a co-worker, or even a non-employee like a client or independent contractor. Crucially, the victim and the harasser can be of any gender, and unlawful sexual harassment may occur without economic injury to the victim.

Case Study: The Midwest Farms Settlement

Legal definitions often feel abstract until they are applied to real-world scenarios. A recent case involving a Colorado agribusiness, Midwest Farms, LLC, illustrates the grim reality of unchecked workplace harassment and the consequences for employers who fail to protect their staff.

In February 2026, the EEOC announced a $334,500 settlement with Midwest Farms after an investigation revealed a pattern of routine sexual abuse. The investigation began when a former employee, hired as a swine production trainee, filed a complaint. Her role involved transporting hogs and cleaning buildings, a job that required her to “shower in” at the start of her shift.

The details of the case paint a disturbing picture of power abuse. On at least three occasions, the woman’s manager barged into the women’s dressing room without knocking while she was undressing. In one instance, he watched her shower. In another humiliating power play, he forced her to work a shift in a man’s jumpsuit without undergarments.

When the employee attempted to report this behavior to the production manager, she was told to “work things out” on her own. This failure to act is a common theme in harassment cases. The company not only ignored the complaints but also allegedly retaliated against the women who spoke up. The settlement provided financial restitution to the victim and two others, serving as a reminder that employers are liable for their supervisors’ conduct.

Recognizing the Spectrum of Harassment

Harassment rarely looks the same in every case. It exists on a spectrum, ranging from verbal slurs to physical assault. The California Department of Fair Employment and Housing categorizes these behaviors into three distinct types:

Visual Conduct

This includes leering, making sexual gestures, or displaying suggestive objects, pictures, cartoons, or posters. In the digital age, this also extends to sending explicit images or emails. If a workspace is decorated with materials that objectify a specific gender, it contributes to a hostile environment.

Verbal Conduct

This is often the most pervasive form of harassment. It includes making or using derogatory comments, epithets, slurs, and jokes. It also encompasses verbal sexual advances, propositions, and graphic commentaries about an individual’s body. Even “compliments” can be harassment if they are unwanted, sexual in nature, and pervasive.

Physical Conduct

This includes touching, assault, or impeding and blocking movements. As seen in the Midwest Farms case, physical harassment can also involve invasion of privacy, such as intruding on an employee while they are changing or showering.

The Trap of “Constructive Discharge”

A common misconception is that an employee cannot sue for wrongful termination if they quit their job. This is legally incorrect due to the concept of constructive discharge.

Constructive discharge occurs when an employee resigns because the working conditions have become so intolerable that a reasonable person in their position would have felt compelled to leave. In the eyes of the law, this is treated as a firing.

In the Midwest Farms case, the victim resigned in November 2018, less than two months after her employment began. She did not leave because she wanted to; she left because the environment was unsafe. If an employer allows a hostile work environment to persist, they may be held responsible for the resignation as if they had terminated the employee themselves.

Employer Liability and Federal Protections

Federal law, specifically Title VII of the Civil Rights Act of 1964, prohibits sexual harassment. This applies to employers with 15 or more employees, including state and local governments, labor organizations, and employment agencies.

Employers have a legal duty to prevent harassment and to take immediate and appropriate corrective action when it is reported. When an employer fails to do so—or worse, retaliates against the victim—they expose themselves to significant liability.

Retaliation is a critical component of many harassment lawsuits. It is illegal for an employer to fire, demote, or deny benefits to an employee because they refused sexual favors or complained about harassment. Even if the underlying harassment charge is not proven, a company can still be found liable for retaliation.

Taking Action: Steps for Victims

If you suspect you are being subjected to a hostile work environment, taking the right steps early can significantly impact the outcome of a potential legal case.

  1. Document Everything: Keep a detailed record of every incident. Note the date, time, location, witnesses, and exactly what was said or done. Save emails, text messages, and any other physical evidence.
  2. Report the Behavior: Follow your company’s policy for reporting harassment. If possible, do this in writing so there is a paper trail. As seen in the Midwest Farms case, verbal complaints can be dismissed or ignored.
  3. Do Not Use Artificial Intelligence (AI): To Conduct Research About Your Situation. The reason for this recommendation is that your AI conversations are not protected from discovery by the other side. Unlike your communications with attorneys, which are protected by the attorney–client privilege, any conversations that you have with AI platforms are completely discoverable by the opposing party.
  4. Consult an Attorney: Before you do anything, immediately seek legal representation. Because sexual harassment cases can be complex and fact-specific, it is very important to bring on board an experienced retaliation attorney who can help evaluate the merits of your claim and guide you through the legal process. The attorneys at Helmer Friedman LLP can help determine if the conduct meets the legal standard for a hostile work environment or constructive discharge.
  5. File a Complaint: You may need to file a charge of discrimination with the EEOC or a state agency like the California Department of Fair Employment and Housing before filing a lawsuit.

Cultivating a Culture of Safety

The rise in harassment claims suggests that corporate culture still has a long way to go. No employee should have to choose between their dignity and their paycheck. While settlements like the one in Colorado provide some measure of justice, the ultimate goal is prevention.

By understanding your rights and recognizing the signs of a hostile work environment, you empower yourself to take action. Whether it is documenting abuse, filing a claim, or seeking legal counsel, silence is no longer the only option.

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Systemic Gender Bias in Academia: Manifestations & Legal Recourse

Constitutional rights, discrimination lawyers of Helmer Friedman LLP.

Systemic Gender Bias in Academia: Why the Ivory Tower is Still Tilting

The image of academia is often one of pure meritocracy—a place where ideas reign supreme and the sharpest minds rise to the top, regardless of who they are. But peel back the ivy-covered façade, and a different reality emerges. For many women, the academic ladder is missing rungs, and the “publish or perish” culture comes with an unwritten addendum: navigate a labyrinth of bias or risk your career.

While universities pledge diversity and inclusion in glossy brochures, the data—and the lawsuits—tell a starkly different story. Systemic gender bias isn’t just about a single sexist professor or one overlooked promotion; it is the silent architecture of the institution itself. It is woven into pay scales, embedded in tenure reviews, and whispered in the hallways where “culture fit” becomes a convenient excuse for exclusion.

This blog explores the pervasive nature of systemic gender bias in higher education, moving beyond anecdotes to examine the structural barriers that continue to hold women back. We will look at how this bias manifests, the toll it takes on brilliant careers, and why recent legal battles, such as the one against California State University, are exposing cracks in the system.

Defining Systemic Gender Bias

It is crucial to distinguish between individual bias and systemic bias, though they often feed into one another. Individual bias refers to the specific prejudices or actions of a single person—a department head who believes women aren’t “serious” researchers, for example.

Systemic bias, however, is far more insidious. It refers to the policies, practices, and cultural norms that disadvantage a specific group across an entire organization or sector. In academia, this looks like tenure clocks that don’t account for maternity leave, teaching evaluations that consistently rate women lower than men for identical performance, and salary algorithms that perpetuate historical pay gaps. It is not just a “bad apple” problem; it is a “rotten barrel” problem.

Manifestations of Gender Bias in Academia

Systemic bias manifests in nearly every facet of academic life, creating a cumulative disadvantage for women that researchers often call “death by a thousand cuts.”

Hiring and Promotion Disparities

Despite earning the majority of doctoral degrees in many fields, women remain significantly underrepresented in tenured positions and leadership roles. The “leaky pipeline” phenomenon sees women dropping out of academia at higher rates than men at every stage of career progression. This is often due to vague criteria for “leadership potential” that favor traditionally masculine traits, leading to women being passed over for deanships and presidencies.

The Persistent Pay Gap

The ivory tower is not immune to the wage gap. A study by the California State University Employees Union found that white women are paid roughly 5% less than white men, while women of color face a nearly 7% disparity compared to white men. These gaps often start at the initial hiring offer and compound over decades, resulting in significantly lower lifetime earnings and retirement savings for female academics.

Research Opportunities and Funding

Access to grants is the lifeblood of academic research. Yet, studies consistently show that women receive smaller grants than men and are less likely to receive funding for follow-up research. This lack of resources restricts the scope of their work, reduces their publication output, and ultimately hampers their chances for tenure and promotion.

Recognition and Awards

Women are also less likely to be nominated for or win prestigious awards. This lack of recognition renders their contributions invisible, reinforcing the false narrative that male academics are the primary drivers of innovation and scholarship.

Workplace Climate and Harassment

Perhaps the most damaging manifestation is a hostile workplace climate. This ranges from overt sexual harassment to constant microaggressions—being interrupted in meetings, having ideas appropriated by male colleagues, or being addressed informally while male peers are called “Doctor.”

Case Study: The California State University Lawsuit

The theoretical framework of systemic bias becomes starkly real when we look at recent litigation. A high-profile lawsuit against the Board of Trustees of the California State University (CSU) serves as a potent example of how these issues play out in real time.

Plaintiffs Dr. Clare Weber and Dr. Anissa Rogers alleged a “cesspool of gender harassment and discrimination” within the CSU system. Their complaint detailed a culture where female executives were routinely paid less than their male counterparts—specifically, female Vice Provosts earned approximately 7% less on average.

The allegations painted a disturbing picture of leadership. The lawsuit claimed that high-ranking officials, including President Tomás Morales and Dean Jake Zhu, created a culture of fear. They were accused of “ranting” at female employees, holding them to higher standards than men, and subjecting them to “screaming rampages.” Dr. Zhu allegedly mocked Dr. Rogers for using gender pronouns in her Zoom name and told Dr. Deirdre Lanesskog, a female professor, “women need to have the bigger heart for her male colleagues.”

Perhaps most damning was the alleged institutional response. Instead of addressing the complaints, the lawsuit claims CSU silenced the victims. Dr. Rogers and Dr. Weber were allegedly directed to lie to colleagues and students by saying they were “resigning,” under threat of being fired. This retaliation highlights a critical component of systemic bias: the protection of the institution over the protection of its employees.

The outcome was significant: Dr. Anissa Rogers was awarded $6 million in a jury verdict for the emotional distress and personal toll of this discrimination. This victory underscores that these are not just “HR issues”—they are violations of civil rights.

The Impact of Gender Bias

The fallout from systemic bias extends far beyond the individuals directly involved.

Individual Impact: For women in academia, the toll is heavy. Beyond the financial loss from pay gaps, there is a profound psychological cost. The stress of navigating a hostile environment can lead to burnout, anxiety, and a loss of confidence. Brilliant careers are derailed, and many women simply leave the profession entirely, taking their expertise with them.

Institutional Impact: When bias goes unchecked, universities lose out on talent, innovation, and diverse perspectives. A homogeneous faculty is less equipped to mentor a diverse student body or tackle complex global problems. Furthermore, lawsuits like the one against CSU damage an institution’s reputation, making it harder to recruit top talent in the future.

Addressing Systemic Gender Bias

Dismantling systemic bias requires more than lip service; it demands structural change.

  • Policy Overhauls: Institutions must implement transparent audits of pay and promotion. Salary algorithms should be reviewed to ensure they don’t carry forward historical inequities.
  • Accountability: There must be real consequences for harassment and discrimination, regardless of a perpetrator’s tenure status or grant income. “Rainmakers” cannot be exempt from professional conduct standards.
  • Mentorship and Sponsorship: Formal mentorship programs can help women navigate the unwritten rules of academia, while sponsorship programs can ensure women are actively championed for leadership roles.
  • Unconscious Bias Training: While not a silver bullet, training can help search committees and tenure boards recognize and mitigate their biases during decision-making.

A Call for Equitable Change

Systemic gender bias in academia is a formidable foe, deeply entrenched in tradition and power structures. However, as the $6 million verdict against CSU demonstrates, the tide is turning. Legal action is becoming a powerful tool for holding institutions accountable.

If you believe you have faced systemic discrimination, harassment, or retaliation in your academic career, you are not alone, and you have rights. Silence only serves the system. By speaking out and seeking legal counsel, you contribute to dismantling the barriers that have held women back for too long.

We must demand an academia that lives up to its ideals—where merit matters more than gender, and where every scholar has an equal opportunity to thrive.

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DHL Settles Sexual Harassment Lawsuit for $640,000

Female warehouse employee reporting Hostile Work Environment.

DHL To Pay $640k Settlement After Ignoring Sexual Harassment Complaints Creating Hostile Work Environment

For Tazaria Gibbs, an employee at a DHL facility in Memphis, the workplace became a site of fear rather than productivity. After being subjected to unwanted advances by an operations manager, she followed protocol. She reported the behavior to three separate supervisors. She asked not to be left alone with him.

The response? Silence. No reports were filed. No investigation was launched. And when she refused to meet her harasser alone, the company fired her for “insubordination.”

This case, now settled for $640,000, is a reminder that a hostile work environment is more than just bad management—it is a violation of federal law.

The Cost of Looking the Other Way

The lawsuit, filed by the Equal Employment Opportunity Commission (EEOC), detailed a culture of unchecked harassment at the DHL Supply Chain facility. According to the EEOC’s findings, Gibbs was not the only victim. Other female employees confirmed that male coworkers, leads, and supervisors subjected them to sexual harassment.

Despite numerous complaints from multiple women, the company failed to act. Under Title VII of the Civil Rights Act of 1964, employers are legally obligated to investigate harassment claims. Ignoring these claims—or worse, punishing the victims who make them—exposes companies to significant liability.

Because DHL supervisors failed to report the complaints as required by their own company policy, the harassment festered. This negligence transformed a personnel issue into a federal lawsuit charging the logistics giant with sexual harassment and retaliation.

What Constitutes a Hostile Work Environment?

While the term is often misused to describe general rudeness or a demanding boss, a legally defined “hostile work environment” has specific criteria. It occurs when unwelcome conduct based on a protected characteristic (such as sex, race, or age) becomes so severe or pervasive that it alters the conditions of employment and creates an abusive atmosphere.

In the DHL case, the EEOC identified two primary violations:

  1. Sexual Harassment: The persistent, unwelcome conduct by the operations manager and other male staff.
  2. Retaliation: The firing of Gibbs for refusing to interact with her harasser alone.

Retaliation is frequently the “smoking gun” in employment law cases. It is illegal for an employer to fire, demote, or harass an employee for engaging in a protected activity, such as filing a complaint about discrimination.

The Settlement: More Than Just Money

To resolve the lawsuit, DHL agreed to a two-year consent decree approved by U.S. District Judge Tommy Parker. While the $640,000 payment to the class of female employees is significant, the non-monetary terms of the settlement are equally important for preventing future misconduct.

The decree mandates that DHL must:

  • Implement New Training: Managers, supervisors, and HR personnel at the Memphis facility must undergo training on preventing sexual harassment and retaliation.
  • Review Surveillance: The company must create procedures to review surveillance footage regarding reported or suspected complaints.
  • Corporate Accountability: A corporate management representative must attend training to affirm that harassment will not be tolerated.

These measures are designed to dismantle the culture of silence that allowed the harassment to continue in the first place.

Know Your Rights

The DHL settlement highlights a critical reality for employees: you do not have to endure abuse to keep your paycheck. If you are experiencing harassment, you have the right to seek justice.

Under federal and state laws, victims of a hostile work environment may be entitled to:

  • Back Pay: Compensation for wages lost due to wrongful termination.
  • Emotional Distress Damages: Compensation for the anxiety, depression, and mental anguish caused by the harassment.
  • Punitive Damages: Penalties levied against the employer to punish egregious conduct.
  • Reinstatement: The right to return to your job, although many clients choose to move forward elsewhere.

If you report harassment and your employer fails to investigate—or if you face retaliation for speaking up—you have legal recourse.

Taking the Next Step

Workplace harassment thrives in darkness. As the DHL case proves, when employees speak up and legal action is taken, companies are forced to change.

Hiring an experienced employment attorney significantly increases the likelihood of securing a larger settlement compared to pursuing a claim solely through the Equal Employment Opportunity Commission (EEOC). While the EEOC provides a critical avenue for addressing workplace discrimination and harassment, their resources are often stretched thin, and they may focus on resolving cases quickly, sometimes at the expense of higher compensation for victims. Conversely, an experienced attorney can dedicate personalized attention to your case, thoroughly investigate the facts, gather compelling evidence, and advocate aggressively on your behalf. Attorneys also have the ability to leverage legal strategies, negotiate with employers, and even take cases to court if necessary, ensuring you receive the maximum compensation you deserve for the harm you’ve endured.

If you are facing a hostile work environment, retaliation, or discrimination, you do not have to fight alone. Document every incident, report the behavior according to your company’s policy, and consult with experienced legal counsel.

At Helmer Friedman LLP, we have spent over 20 years advocating for employees who have been wronged. We offer confidential consultations to help you understand your rights and determine the best path forward.

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TNT Cranes Discrimination Case: $525K Settlement Explained

Haitian welder experienced extreme racial harassment at work.

TNT Cranes Case: A $525K Settlement in Racial Harassment

A workplace should be a sanctuary of safety and professionalism, yet for some employees at TNT Crane & Rigging, Inc., it sadly turned into a distressing environment marked by racial intimidation. The recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) has brought forth troubling allegations, resulting in a significant settlement and court-mandated reforms. This case serves as a poignant reminder that racial discrimination has no place in any industry and highlights the importance of seeking justice through legal accountability.

The legal action against one of North America’s largest crane service providers conveys a powerful message: allowing a hostile work environment can have serious consequences. For both employers and employees, this case illustrates vital lessons about the importance of reporting incidents, understanding legal protections against retaliation, and committing to the efforts required to foster a truly respectful and inclusive workplace. By learning from these experiences, we can all work towards ensuring that every employee feels safe and valued in their work environment.

Allegations of a Hostile Work Environment

The EEOC lawsuit painted a grim picture of the work conditions at a TNT Crane & Rigging facility in Texas. According to the complaint, four Black employees were systematically subjected to severe and pervasive racial harassment by both coworkers and supervisors. The allegations were not minor infractions but involved symbols and language rooted in a history of racial violence.

The complaint detailed the frequent use of derogatory racial slurs, including the n-word, by managers and other staff. Beyond verbal abuse, the workplace was allegedly contaminated with powerful symbols of hate. These included the open display of nooses and white supremacist symbols, such as lightning bolt stickers associated with such groups, on company equipment. One manager reportedly told a Black crane operator, “N—–, if you are going to bitch about it, you can turn that truck around and take your ass home,” when he asked for assistance.

This environment of intimidation was not only directed at Black employees. The EEOC also charged that the company retaliated against a white employee who spoke out against the harassment. After witnessing the conduct and reporting it to HR and management—including the presence of a noose—the white employee allegedly faced retaliation. These distressing incidents took place at the company’s Fort Worth plant. Shockingly, shortly after he reported the harassment, this employee had his tires flattened while parked at work and was confronted by a coworker who physically shoved him and hurled slurs at him. It is deeply concerning that such behavior could occur in a workplace, and it’s essential that these experiences be heard and addressed. Instead of addressing the harassment, his work hours were cut, he was ostracized by coworkers, and he was ultimately forced to resign due to the intolerable conditions created by his efforts to do the right thing.

The EEOC Lawsuit and Legal Action

The EEOC took up the case after its initial attempts to resolve the matter through conciliation failed. The agency filed a lawsuit in the U.S. District Court for the Northern District of Texas, alleging that TNT Crane & Rigging violated Title VII of the Civil Rights Act of 1964. This foundational federal law prohibits employment discrimination based on race and protects employees who report or oppose such discriminatory practices from retaliation.

The EEOC’s complaint outlined two primary violations:

  1. Race-Based Hostile Work Environment: The company allegedly created or tolerated an environment so filled with racist conduct that it altered the conditions of employment for its Black workers.
  2. Illegal Retaliation: The company was accused of punishing an employee for engaging in protected activity—namely, reporting racial harassment.

EEOC Chair Charlotte A. Burrows connected the allegations to a broader pattern of misconduct, particularly within the construction industry. She noted that such harassment creates barriers that prevent workers from accessing and keeping good jobs. The lawsuit sought not only monetary damages for the affected employees but also significant changes to the company’s policies and practices to prevent future violations.

A Settlement for Accountability

Before the case could proceed to a full trial, the parties reached an agreement. TNT Crane & Rigging agreed to a $525,000 settlement to be paid to the five employees who suffered from the harassment and retaliation. While the company did not admit liability as part of the settlement, the resolution includes a three-year consent decree, which is a court-enforced order outlining extensive remedial measures.

The monetary relief was allocated among the victims to compensate for the damages they endured. However, the impact of the consent decree extends far beyond financial compensation. It imposes a series of strict requirements on TNT Crane & Rigging to foster systemic change and ensure future compliance with anti-discrimination laws. This settlement underscores that even without a trial verdict, the EEOC’s legal pressure can compel companies to enact sweeping and meaningful reforms.

Mandated Reforms and the Path Forward

The consent decree approved by the federal court is more than a settlement; it is a roadmap for corporate accountability. The mandated reforms are comprehensive and designed to address the root causes of the hostile environment.

Key components of the decree include:

  • Prohibition of Future Discrimination: The company is legally prohibited from engaging in racial discrimination, tolerating a racially hostile work environment, or retaliating against employees.
  • New Anti-Harassment Policies: TNT Crane must develop and implement robust anti-harassment and anti-retaliation policies. These must clearly define prohibited conduct, outline complaint procedures, and state that violators will face disciplinary action, up to and including termination.
  • Mandatory Training: All Texas-based employees will receive training on Title VII and the new company policies. Furthermore, managers and personnel involved in investigations will receive specialized, intensive training on conducting fair and thorough investigations into harassment claims.
  • Improved Complaint Procedures: The company must establish multiple avenues for reporting complaints, ensuring employees can raise concerns without unreasonable burdens. This includes an employee hotline that goes directly to the Vice President of Human Resources.
  • EEOC Reporting: For three years, TNT Crane must report all new complaints of racial harassment, discrimination, or retaliation directly to the EEOC, detailing how each complaint was handled.

These measures place the onus on management to proactively monitor the workplace and act swiftly to correct any issues. Failure to do so can result in disciplinary action against the managers themselves.

Broader Implications for Workplace Justice

The TNT Crane & Rigging case stands as a stark example of how the law can be wielded to protect employee rights and catalyze meaningful change across industries. Courts and regulatory bodies—in this case, the EEOC—play an indispensable role in holding employers accountable for maintaining fair and respectful workplaces. But the root issues at the heart of this lawsuit—racial harassment and hostile work environments—are far from isolated incidents.

Racial harassment often manifests in more than just isolated comments. It can be embedded in daily workplace culture through slurs, offensive imagery, jokes, and the open display of hate symbols. The consequences are profound, stretching from psychological distress to missed professional opportunities. At its worst, unchecked harassment breeds a climate where victims and witnesses alike feel powerless, discouraged from coming forward for fear of retaliation—a reality made clear in the TNT Crane case.

To counteract this, robust anti-discrimination policies are not just a legal formality; they are a frontline defense against workplace injustice. As outlined by Helmer Friedman LLP, prevention remains the best, most cost-effective tool for eliminating racial discrimination at work. This means employers must implement comprehensive written policies prohibiting discrimination, harassment, and retaliation. They must also ensure these policies are not static documents gathering dust but are actively reinforced through regular, mandatory training sessions on racial sensitivity, diversity, and the applicable employment laws.

Effective complaint procedures are another critical safeguard. Employees should have clear, accessible paths to report harassment or discrimination—without undue burden, delay, or the risk of reprisal. Policies must specifically protect those who step forward, including both direct victims and bystander witnesses, from retaliation. When complaints are made, management must act swiftly and impartially, conduct thorough investigations, and implement corrective action when warranted.

For companies, the consequences of ignoring these obligations are illustrated not just in monetary settlements like the $525,000 paid by TNT Crane & Rigging, but in more serious reputational damage and organizational disruption. As state and federal law—including Title VII of the Civil Rights Act—make clear, employers can be held fully liable for failing to prevent or address racial discrimination and harassment.

This case is a reminder to every employer: a culture of tolerance for discrimination will ultimately collide with the force of the law. Regular training, enforced policies, transparent procedures, and leadership committed to true equity are not optional—they are the pillars of both legal compliance and workplace dignity.

If you have experienced racial discrimination, harassment, or retaliation at your job, know that you have significant rights under state and federal law. Consultations with experienced employment attorneys, like those at Helmer Friedman LLP, can provide clarity, protection, and a path toward resolution. Standing up against discrimination is not only your right; it is a catalyst for wider change. Your voice matters.

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Denied for Your Faith? The Reality of Religious Discrimination

Freedom to worship - Workplace discrimination lawyers represent victims of religious discrimination.

Denied for Your Faith? The Reality of Religious Discrimination

For many, faith is not merely a weekend activity; it is the compass that guides daily life, influencing diet, dress, and ethical decisions. Yet, in the modern workplace, employees are often forced to make an impossible choice between their career and their conscience. Despite robust legal protections at both the state and federal levels, religious discrimination remains a pervasive issue in American offices, factories, and retail floors.

No worker should have to hide their identity or compromise their sincerely held beliefs to keep a paycheck. Understanding the nuances of the law—and the obligations of employers—is the first step toward combating unlawful treatment. Whether you are an employee seeking to understand your rights or a manager aiming to foster an inclusive environment, recognizing the signs of discrimination is essential for maintaining a just workplace.

Defining Religious Discrimination

At its core, religious discrimination involves treating a person (an applicant or employee) unfavorably because of their religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical, or moral beliefs.

Under Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA), protection extends beyond belief to include religious observance and practice. Crucially, the law also protects those who have no religious beliefs, shielding atheists and agnostics from forced participation in religious activities or discrimination based on their lack of faith.

Discrimination can manifest in various employment decisions, including hiring, firing, pay, job assignments, promotions, layoffs, training, and fringe benefits. It can also appear in the form of harassment—such as offensive remarks about a person’s religious beliefs or practices—that is so frequent or severe that it creates a hostile work environment.

What Discrimination Looks Like in Practice

Religious discrimination is often subtle, but it can also be overt. It frequently arises when workplace rules collide with religious obligations. Here are several scenarios that may constitute unlawful conduct:

  • Refusal to Hire: An employer refuses to hire a qualified Jewish applicant because they disclose that they cannot work on Saturdays due to Sabbath observance.
  • Scheduling Conflicts: An employee is fired for missing work to attend a significant religious service, even after providing ample notice, while employees taking time off for secular reasons are accommodated.
  • Dress Code Violations: A company enforces a strict “no headwear” policy that disproportionately impacts Muslim women who wear hijabs or Sikh men who wear turbans, without offering a valid safety justification.
  • Harassment: A supervisor or colleague persistently mocks an employee’s religious garments, prayer habits, or dietary restrictions, isolating the employee from the team.
  • Forced Work: A manager demands that an employee work on their Sabbath, ignoring the fact that other qualified employees were willing to swap shifts.

Employer Obligations: The Duty to Accommodate

The law requires more than just “not discriminating.” Employers have an affirmative duty to reasonably accommodate employees’ religious beliefs or practices, unless doing so would cause an “undue hardship” on the operation of the business.

Common accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or dress codes.

The Shift in “Undue Hardship”

For decades, employers could deny accommodations by proving that the request imposed more than a “de minimis”—or trifling—cost. This low bar allowed companies to reject requests for Sabbath observance or prayer breaks easily.

However, the legal landscape shifted dramatically with the Supreme Court’s 2023 decision in Groff v. USPS. The Court ruled unanimously in favor of Gerald Groff, an evangelical Christian postal carrier who refused to work Sundays. The Justices clarified that “undue hardship” must mean substantial increased costs in relation to the conduct of the employer’s particular business.

This decision significantly strengthens protections for employees. Employers can no longer deny an accommodation simply because it is inconvenient or causes minor administrative annoyance; they must demonstrate that the accommodation would substantially burden the business.

Recent Legal Battles and Settlements

Recent high-profile cases illustrate that the courts and government agencies are taking a firm stance against religious discrimination. These cases, while the parties were not represented by Helmer Friedman LLP, provide important precedents and show the real-world impact of successful advocacy.

Mavis Tire Supply LLC

In late 2025, Mavis Tire Supply LLC agreed to pay over $303,000 to settle an EEOC lawsuit. The case involved a Jewish applicant who applied for a management position. During the interview, he disclosed that his observance of the Sabbath would prevent him from working Friday evenings and Saturdays.

Rather than discussing accommodation, the company offered him a lower-paying technician role, claiming it offered better flexibility. When he reiterated his schedule restrictions, they rescinded the offer entirely. The settlement highlighted that employers cannot steer applicants away from leadership roles simply to avoid granting religious accommodations.

Lisa Domski v. Blue Cross Blue Shield of Michigan

In a landmark verdict regarding vaccine mandates, a federal jury awarded $12.7 million to Lisa Domski, a former IT specialist at Blue Cross Blue Shield of Michigan. Domski, a devout Catholic, requested a religious exemption from the company’s COVID-19 vaccine mandate, citing her objection to vaccines developed using fetal cell lines.

Despite working 100% remotely with no in-person contact, her request was denied, and she was terminated. The jury found that the company failed to accommodate her sincerely held beliefs. The massive award, which included $10 million in punitive damages, sends a clear message: employers cannot dismiss religious objections as insincere simply because they disagree with the employee’s theological interpretation.

Practical Steps for Employees

If you believe you are facing religious discrimination or have been denied a reasonable accommodation, taking immediate, organized action is vital to protecting your rights.

  1. Document Everything: Keep a detailed record of all incidents. Note dates, times, locations, witnesses, and the specific comments or actions taken. If you requested an accommodation, keep copies of all written requests and the employer’s responses.
  2. Review Company Policy: Check your employee handbook for policies regarding discrimination and accommodation. Follow the internal procedures for reporting grievances.
  3. Report the Incident: Formally report the discrimination or denial of accommodation to your Human Resources department or a manager. doing this in writing creates a paper trail proving the employer was on notice.
  4. Consult a Legal Professional: Employment law is complex and involves strict statutes of limitations. Consulting with an attorney who specializes in employment discrimination can help you navigate the EEOC complaint process or potential litigation.

Best Practices for Employers

To avoid litigation and foster a respectful work environment, employers should proactively review their policies in light of recent Supreme Court rulings.

  • Update Policies: Ensure the handbook explicitly prohibits religious discrimination and outlines a straightforward procedure for requesting accommodations.
  • Train Management: Managers are often the first point of contact for accommodation requests. They must be trained to recognize these requests and understand that “inconvenience” is not a valid reason for denial.
  • Engage in an Interactive Process: When an employee requests an accommodation, engage in a dialogue to understand their needs and explore potential solutions.
  • Assess “Undue Hardship” Carefully: Before denying a request, conduct a factual analysis. Will this truly cause substantial cost or disruption? If the answer is no, the accommodation should likely be granted.

Protecting Religious Freedom at Work

A workplace should be a space of professional contribution, not a battleground for personal identity. The freedom to practice one’s religion—or to practice no religion at all—is a fundamental right that does not evaporate when an employee clocks in.

As evidenced by the Groff decision and recent jury verdicts, the legal system is increasingly protective of these rights. Both employers and employees have a role to play in ensuring that the workplace remains diverse, inclusive, and compliant with the law.

Resources for Further Information

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Reporting a Hostile Work Environment: Your Rights & Legal Steps

End sex / gender discrimination in hiring, Helmer Friedman LLP.

Reporting a Hostile Work Environment: When the Office Becomes a Battlefield

For Tazaria Gibbs, a warehouse employee in Memphis, the workday didn’t just bring physical labor—it brought an onslaught of unwelcome sexual comments and an operations manager who refused to take “no” for an answer. When she reported the harassment to three different supervisors, expecting protection, she was instead met with silence. No reports were filed. No investigations were launched. Eventually, when she refused to meet her harasser alone, she was fired for “insubordination.”

This isn’t just a story of bad management; it is a textbook example of a hostile work environment. It is also the center of a federal lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against DHL Supply Chain in January 2025.

While the term “hostile work environment” is often tossed around to describe a rude boss or an annoying coworker, the legal reality is far more specific—and far more damaging. It describes a workplace permeated by discriminatory conduct so severe or pervasive that it alters the conditions of employment.

If you dread walking through the office doors because of harassment or discrimination, understanding your rights isn’t just about policy—it’s about survival and justice.

What is a Hostile Work Environment?

Under Title VII of the Civil Rights Act of 1964 and state laws like the California Fair Employment and Housing Act (FEHA), a hostile work environment is not defined by general unpleasantness. It is defined by discriminatory harassment.

To meet the legal standard, the conduct must be unwelcome and based on a protected characteristic, such as race, religion, sex (including pregnancy and gender identity), national origin, age (40 or older), or disability. Furthermore, the behavior must be either severe (a single, egregious incident, such as a sexual assault) or pervasive (a pattern of ongoing incidents) enough to create an abusive environment that a reasonable person would find intimidating or hostile.

Behaviors That Cross the Line

Harassment can take many forms, often escalating from subtle slights to overt abuse. Common examples include:

  • Sexual Harassment: This includes unwanted touching, lewd jokes, the display of inappropriate images, or quid pro quo offers (trading employment benefits for sexual favors).
  • Discriminatory Slurs: The use of racial epithets, derogatory comments about a person’s age, or mocking a person’s disability or accent.
  • Intimidation and Bullying: Physical threats, blocking someone’s movement, or sabotaging work performance based on protected characteristics.
  • Retaliation: Punishing an employee for filing a complaint or participating in an investigation.

The Human Cost of Workplace Hostility

The impact of a hostile work environment extends far beyond legal definitions. For the employee, the psychological toll can be devastating. Victims often experience severe anxiety, depression, sleep disturbances, and a loss of professional confidence. The stress of navigating a minefield of harassment daily can manifest physically, leading to health issues that force employees to take sick leave or resign entirely.

For companies, the cost is equally high, though measured differently. Toxic cultures breed high turnover, low productivity, and reputational damage. As seen in the EEOC v. DHL Supply Chain case, the failure to address complaints can lead to federal lawsuits, costly settlements, and mandated federal oversight.

Securing Compensation

Victims of a hostile work environment have the right to seek justice. Remedies available under state and federal law include:

  • Back Pay and Front Pay: Compensation for lost wages and future earnings.
  • Emotional Distress Damages: Compensation for the pain, suffering, and mental anguish caused by the harassment.
  • Punitive Damages: Financial penalties intended to punish the employer for egregious conduct and deter future violations.
  • Reinstatement: Being hired back into your position (though many victims choose not to return).

Employer Responsibilities: The Duty to Act

Employers cannot turn a blind eye to harassment. Under the law, they have an affirmative duty to prevent and correct discriminatory behavior. Ignorance is rarely a valid defense, especially when supervisors are involved or when the conduct is widespread.

Mandatory Policies and Training

Employers must establish clear, written anti-harassment policies that define prohibited conduct and provide a safe avenue for reporting complaints. In California, for example, employers with five or more employees are required to provide sexual harassment training to both supervisory and nonsupervisory staff. This training is designed to educate the workforce on what constitutes harassment and how to intervene.

The Investigation Requirement

When a complaint is made—or when an employer should reasonably know harassment is occurring—they must launch a prompt, impartial, and thorough investigation. As noted in the EEOC’s guidance, an effective investigation involves interviewing the complainant, the alleged harasser, and witnesses, followed by taking appropriate corrective action to stop the behavior.

In the DHL case, the EEOC alleged that supervisors failed to report Gibbs’ complaints despite a policy requiring them to do so. This failure to act is often where liability attaches to the company.

Taking Action: A Guide for Employees

If you are currently trapped in a hostile work environment, taking immediate and strategic action is critical to protecting your rights and your well-being.

1. Document Everything

Create a detailed record of every incident. Write down dates, times, locations, the names of those involved, and exactly what was said or done. Save emails, text messages, and notes that provide evidence of the harassment.

2. Report the Behavior

Follow your company’s policy for reporting harassment. This usually involves notifying Human Resources or a supervisor. If your supervisor is the harasser, report it to their boss or the designated HR representative. Submitting your complaint in writing creates a paper trail that the employer cannot easily deny later.

3. Do Not Fear Retaliation—Report It

Retaliation is illegal. Employers are prohibited from firing, demoting, or harassing employees for filing a complaint or participating in an investigation. If you face retaliation, document it immediately, as this constitutes a separate legal violation.

4. File a Formal Charge

If your employer fails to address the issue, you may need to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or a state agency like the California Civil Rights Department (CRD).

  • Time Limits: In general, you must file a charge with the EEOC within 180 days of the last incident. This deadline is extended to 300 days if a state or local agency enforces a law prohibiting the same conduct.

5. Seek Legal Representation

Navigating employment law is complex. An experienced attorney can help you understand the strength of your case, guide you through the reporting process, and represent you in settlement negotiations or court.

Case Study: EEOC v. DHL Supply Chain

The lawsuit filed against DHL Supply Chain (USA) serves as a stark warning to employers who ignore harassment. The EEOC charged that the company violated federal law when supervisors at its Memphis facility ignored complaints of sexual harassment and actively discouraged female associates from speaking out.

According to the suit, after Tazaria Gibbs complained about an operations manager, she was fired for insubordination. The EEOC’s investigation revealed that numerous other women had been subjected to harassment by male coworkers and supervisors, and that the company consistently ignored these pleas for help.

The lawsuit seeks back pay, compensatory and punitive damages, and injunctive relief to prevent future discrimination. It highlights a critical lesson: having a policy on paper is meaningless if the culture on the warehouse floor allows harassment to thrive unchecked.

Conclusion

A workplace should be a collaborative environment, not a battleground. No one should be forced to choose between their dignity and their paycheck.

If you are facing a hostile work environment, you do not have to fight alone. Firms like Helmer Friedman LLP offer skilled legal advocacy to help address these injustices. With over 20 years of experience, a strong history of case victories, and a commitment to personalized client support, Helmer Friedman LLP can guide you through the legal process and work to secure the justice and compensation you deserve. Don’t hesitate to reach out for a confidential consultation to discuss your situation.

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The $103 Million Verdict: Age Discrimination in the Workplace

Laws protect against age, gender, race discrimination. Helmer Friedman LLP represents discrimination victims.

The $103 Million Wake-Up Call: Age Discrimination in the Workplace

For thirty-one years, Joy Slagel was a loyal employee. She built a career, managed cases, and even won awards for her customer service. But in the corporate world, three decades of experience doesn’t always guarantee respect—sometimes, it paints a target on your back. After a leadership change in 2012, the atmosphere at her workplace shifted. Older colleagues began disappearing, forced into resignation or fired outright. Slagel found herself isolated, criticized for “setting the bar too high,” and eventually terminated without explanation after returning from medical leave.

Her story isn’t an anomaly, but the outcome was historic. A Los Angeles jury recently ordered her former employer, Liberty Mutual Insurance Co., to pay $103 million in damages. The verdict sends a thunderous message to boardrooms across America: discriminating against older workers is not just unethical; it is a massive financial liability.

Age discrimination remains a pervasive, often silent issue in the modern workforce. While we frequently discuss diversity in terms of race and gender, age bias often flies under the radar until it causes irreparable harm to careers and health. Whether it manifests as a subtle comment about “fresh energy” or a blatant firing of senior staff, ageism is illegal, harmful, and costly.

Federal Age Discrimination Laws

Understanding the Age Discrimination in Employment Act (ADEA)

At the federal level, the primary shield against this bias is the Age Discrimination in Employment Act of 1967 (ADEA). This law explicitly protects individuals who are 40 years of age or older from employment discrimination based on age. It applies to both employees and job applicants.

Under the ADEA, it is unlawful to discriminate against a person because of their age with respect to any term, condition, or privilege of employment. This is a broad umbrella that covers nearly every aspect of the working relationship, including:

  • Hiring: Employers cannot refuse to hire a candidate simply because they are over 40.
  • Firing and Layoffs: Targeting older workers for redundancy during restructuring is prohibited.
  • Compensation and Benefits: Older workers cannot be paid less or denied benefits offered to younger counterparts.
  • Promotions and Training: denying career advancement or upskilling opportunities based on age is illegal.

The law applies to employers with 20 or more employees, including employment agencies, labor organizations, and federal, state, and local governments. Additionally, the Older Workers Benefit Protection Act (OWBPA) amended the ADEA to prohibit employers from denying benefits to older employees, recognizing that the cost of providing benefits should not be used to discourage hiring experienced talent.

California Age Discrimination Laws

Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act (FEHA) is a California law that offers strong protections against age discrimination for individuals aged 40 and older. Under FEHA, age discrimination occurs when an employer treats a job applicant or employee less favorably because of age. This can include actions such as denying promotions, terminating employment, or refusing to hire someone solely based on their age. FEHA applies to employers with five or more employees and requires that all workplace decisions be based on merit and qualifications rather than age. Additionally, FEHA prohibits practices like including age preferences in job advertisements or enforcing seemingly neutral policies that disproportionately affect older workers without legitimate, non-discriminatory reasons. This law serves as a crucial safeguard, ensuring that older employees are treated fairly and have equal opportunities in the workplace.

While the Fair Employment and Housing Act (FEHA) and the Age Discrimination in Employment Act (ADEA) offer similar federal safeguards, they aim to prevent age discrimination but differ in scope and application. FEHA applies to employers with five or more employees and includes broader protections against various types of discrimination beyond age discrimination. In contrast, the ADEA specifically addresses age discrimination and applies to employers with 20 or more employees, making its coverage threshold stricter.

Another key distinction between the two laws is the age group protected. Under the ADEA, the law specifically protects individuals aged 40 and older from discrimination. FEHA, however, doesn’t explicitly set a minimum age but prohibits age-based discrimination more generally, which may allow for a broader interpretation within California. Additionally, claims under the ADEA are typically filed with the Equal Employment Opportunity Commission (EEOC), while FEHA claims are processed through the California Civil Rights Department (CRD). This emphasizes the overlap yet distinct processes these laws provide. Together, FEHA and ADEA establish a comprehensive framework to protect workers from age discrimination, especially in jurisdictions like California, where state and federal regulations intersect.

How Age Discrimination Manifests in Real Life

Bias rarely announces itself with a megaphone. Instead, it often creeps into the workplace through coded language and subtle exclusions. While the law is clear, the application of discrimination can be murky.

In hiring, it might look like job postings that seek “digital natives” or caps on years of experience, effectively filtering out older applicants before they even apply. In the office, it can be social exclusion—being left out of meetings, overlooked for challenging assignments, or subjected to “jokes” about retirement or adaptability to technology.

The most damaging forms often occur during restructuring. Companies looking to cut costs often target higher-salaried employees, who tend to be older workers with long tenure. If a layoff disproportionately affects those over 40, it may violate the ADEA.

Similarly, promotions may be withheld under the guise that an older employee “lacks long-term potential” or “isn’t a cultural fit,” phrases that often serve as smokescreens for bias.

Anatomy of a Verdict: The Liberty Mutual Case

To understand the severity of age discrimination, one need look no further than the recent case against Liberty Mutual. The details, as presented in court, paint a disturbing picture of a systematic effort to push out older workers.

According to court filings, the environment at Liberty Mutual shifted dramatically around 2012 following the promotion of a new regional claims manager, Ariam Alemseghed. The complaint alleged that a pattern emerged where employees in their 50s and 60s were forced to resign. Eventually, of the approximately 120 employees in the department, only two were over 40. Joy Slagel was one of them.

The harassment Slagel endured was calculated. Despite a spotless 30-year record, she was suddenly criticized for being a bad team player. The complaint detailed how she was ignored during morning greetings and singled out during meetings. When she won a customer service award and a $1,000 gift for her exemplary work, the regional manager allegedly undercut the achievement by telling her she “got lucky” and that it “would never happen again.”

The stress of this hostile environment took a physical toll. Slagel’s blood pressure worsened, forcing her to take a short-term disability leave. While she was away, the company sent a courier to retrieve her laptop—an unusual move that foreshadowed her fate. Upon her return, her access badge had been deactivated. She was called into a conference room and fired, effective immediately. She was replaced by a white male in his late 20s.

The jury’s verdict—$20 million in compensatory damages and $83 million in punitive damages—was a direct rejection of these tactics. Justin Shegerian, the lead trial attorney, stated that the verdict is a “resounding message” that juries will hold employers accountable for such harm.

Strategies for Employees Facing Discrimination

If you suspect you are being targeted because of your age, it can feel isolating. However, there are steps you can take to protect yourself and build a potential case.

Document Everything

Paper trails are essential. Keep a detailed record of discriminatory comments, exclusion from meetings, or sudden negative shifts in performance reviews that contradict your actual output. In the Liberty Mutual case, the timeline of events—from the leadership change to the specific comments made during the award ceremony—helped establish a pattern of behavior.

Know Your Rights Regarding Waivers

Employers sometimes ask departing employees to sign waivers releasing the company from ADEA claims, often in exchange for a severance package. Under the OWBPA, these waivers must meet strict standards to be valid. You must be given at least 21 days to consider the agreement and seven days to revoke it after signing. Most importantly, you should be advised in writing to consult an attorney. Do not sign away your rights without legal counsel.

Oppose the Behavior

Retaliation for opposing discriminatory practices is illegal. If you report age discrimination to HR or file a charge, and your employer punishes you for it, that retaliation is a separate legal violation.

For employers, the $103 million verdict against Liberty Mutual should serve as a stark warning. The costs of age bias extend far beyond legal fees; they damage reputation, morale, and institutional knowledge.

“This verdict is a resounding message to corporations nationwide: age discrimination is illegal, it is harmful and juries will hold employers accountable,” Justin Shegerian, lead trial attorney and founder of Shegerian & Associates, said in a statement.

Preventing discrimination starts with culture. Employers must ensure that performance reviews are based on objective metrics, not subjective feelings that can mask bias. Leadership training is crucial—managers need to understand that comments about “fresh blood” or “digital natives” can be evidence of discriminatory intent.

Furthermore, audits of hiring and firing practices can reveal statistical anomalies before they become lawsuits. If a reduction in force impacts 80% of your workforce over 50, you have a problem. Building an inclusive workplace means valuing experience as an asset, not a liability.

Upholding Dignity in the Workforce

Joy Slagel gave 31 years to a company that ultimately treated her as disposable. The jury’s decision to award her over $100 million restores a measure of justice, but it cannot undo the stress and indignity she suffered.

Age discrimination is not merely a legal issue; it is a human one. We will all age. Creating a workplace that respects tenure and experience protects everyone’s future. Whether you are an employee facing bias or an employer seeking to avoid liability, understanding the high stakes of age discrimination is the only way forward.

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Discrimination Against American Workers: Your Legal Rights

Nationality Discrimination & Harassment is illegal. Helmer Friedman LLP Los Angeles Nationality Discrimination lawyers.

Protecting American Workers from Discrimination

When we consider workplace discrimination, our thoughts often gravitate toward the challenges faced by minority groups in terms of race, gender, or religion. However, it’s important to recognize that the legal frameworks in place to ensure fair treatment in the workplace, especially Title VII of the Civil Rights Act of 1964, encompass much broader protections. One significant but frequently overlooked aspect of this law is the protection against national origin discrimination.

For many professionals, the painful realization that they have been overlooked, sidelined, or let go in favor of foreign workers can be devastating. This experience strikes at the very heart of their financial security and professional self-worth. It’s crucial to understand that the protections against national origin discrimination also extend to U.S. citizens. Acknowledging this can empower individuals to stand up against unjust bias and advocate for their rights with confidence.

What is National Origin Discrimination?

National origin discrimination is a pressing issue that affects many individuals in the workplace, often causing significant distress. It occurs when an employer treats an applicant or employee unfavorably solely because of the applicant’s or employee’s country of origin. While discussions around this topic often highlight the importance of protecting immigrants, it’s essential to recognize that the Equal Employment Opportunity Commission (EEOC) makes it clear that these protections extend to all national origin groups, including those from the United States.

Under federal law, no one should face unfair treatment or preferential treatment in the workplace because of their background. This means it’s illegal for employers to favor foreign workers over American workers, including when decisions are made based on visa status. If an employer allows their preferences for workers from specific countries, or those holding certain visas like H-1B, to influence hiring, firing, or pay scales, they may unfortunately be violating Title VII. It’s crucial for everyone to be treated fairly and with respect, regardless of their origins.

Types of Discrimination Against American Workers

Discrimination can be subtle, hiding behind corporate jargon, or it can be brazenly open. For American workers, bias often manifests in specific patterns that disadvantage them compared to their foreign counterparts.

Discriminatory Job Advertisements

One of the most visible forms of discrimination appears before a worker is even hired. Title VII strictly bars discriminatory job advertisements. An employer cannot publish job postings that indicate a preference for or requirement of applicants from a particular country or with a particular visa status.

For example, advertisements that state “H-1B preferred” or “H-1B only” are red flags. These postings suggest that the employer has already decided to exclude U.S. workers from consideration, regardless of their qualifications. By actively discouraging American applicants, companies create an uneven playing field that violates federal law.

Unequal Treatment

Unequal or Disparate treatment refers to intentional discrimination where an employer treats individuals differently based on a protected characteristic. This often happens among American workers during recruitment or termination processes.

  • Hiring Barriers: Employers may erect artificial barriers to make it more difficult for American applicants to apply. For instance, during the PERM labor certification process—a step companies take to hire foreign workers permanently—some employers may subject U.S. workers to more burdensome application requirements than H-1B visa holders, effectively discouraging them from pursuing the role.
  • Termination and “The Bench”: Disparate treatment also occurs in firing decisions. In the IT and staffing sectors, workers often face time on “the bench” between assignments. Evidence of discrimination exists if a company terminates American workers on the bench at a much higher rate than it terminates visa guest workers in the same situation.

Harassment

Workplace harassment based on national origin is strictly prohibited. This goes beyond simple teasing; it becomes illegal when it is so frequent or severe that it creates a hostile or abusive work environment, or when it results in an adverse employment decision (such as being fired or demoted).

American workers might face unwelcome remarks about their work ethic compared to foreign nationals, or be subjected to derogatory comments about their “American” communication style or cultural background. When this conduct permeates the workplace, it creates an atmosphere of intimidation that the law does not tolerate.

Retaliation

Perhaps the most insidious form of misconduct is retaliation. Title VII prohibits employers from punishing an individual for engaging in a “protected activity.” Protected activities include:

  • Objecting to national origin discrimination.
  • Filing a charge with the EEOC.
  • Participating in an investigation.

If an American worker speaks up about a policy they believe favors foreign workers and is subsequently fired, demoted, or ostracized, the employer may be liable for retaliation. This charge can sometimes be easier to prove than the underlying discrimination itself.

What Doesn’t Excuse Discrimination?

Employers often attempt to justify discriminatory practices using business rationale. However, the law is clear that specific “business reasons” do not excuse hiring foreign workers over American citizens.

Customer Preference: An employer cannot claim that their clients prefer working with individuals from a specific country or those with specific visas. Customer bias is not a legal defense for discrimination.

Cost of Labor: The desire to save money does not override civil rights. Employers cannot justify displacing American workers simply because foreign labor is cheaper, whether that is due to abuse of visa-holder wage rules or “under the table” payments.

Stereotypes about Work Ethic: Beliefs that workers from a specific national origin are “more productive,” “harder working,” or possess a “better work ethic” than Americans are based on stereotypes. Using these generalized beliefs to make employment decisions is unlawful.

Real-World Examples: The Chivas USA Case

These protections are not theoretical; they are enforced in courts of law. A prominent example involving allegations of anti-American and anti-non-Latino discrimination is the lawsuit filed against the Major League Soccer organization, Chivas USA.

Two former youth academy coaches, Daniel Calichman and Theothoros Chronopoulos, filed a lawsuit alleging they were fired because they were “neither Mexican nor Latino.” The coaches, described in the complaint as “Caucasian, non-Latino Americans,” were former members of the U.S. National Team.

According to the complaint, after Jorge Vergara Madrigal acquired full ownership of Chivas USA, the organization began implementing an ethnocentric policy similar to the “Mexican-only” policy of its counterpart team, Chivas de Guadalajara. The lawsuit alleged that Vergara stated at a staff meeting, “If you don’t speak Spanish, you can go work for the Galaxy, unless you speak Chinese, which is not even a language.”

The plaintiffs claimed they were asked to provide ethnic data on youth players, and when they complained about the discriminatory environment to HR, no investigation was conducted. Instead, they were fired shortly after. This case highlights how leadership changes can lead to discriminatory shifts in culture and policy, and how American workers can find themselves targeted based on their national origin and race.

Filing a Charge with the EEOC

If you believe you have been a victim of national origin discrimination, you cannot immediately sue in federal court. You must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).

The attorneys at Helmer Friedman LLP can guide you through this complex process, ensuring your claim is filed correctly and on time. The EEOC investigates these charges and, in some instances, may file a lawsuit on your behalf. However, it is crucial to act quickly. There are strict time limits—generally 180 calendar days from the day the discrimination took place (extended to 300 days in some cases)—and missing these deadlines can result in a permanent loss of your legal rights. Contacting our firm can help you navigate these critical first steps.

Protecting Your Rights

Discrimination against American workers is a serious violation of federal law. Whether it manifests as a job ad that excludes you, a layoff that targets you while retaining visa holders, or a hostile work environment, you have the right to work in an environment free from bias.

Navigating the complexities of Title VII and EEOC procedures requires experience and tenacity. If you suspect you have been discriminated against based on your national origin, do not face it alone. Contact Helmer Friedman LLP today for a confidential consultation to discuss your situation and explore your legal options.

 

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Nike’s Age & Gender Discrimination Allegations Explained

Laws protect against age, gender, race discrimination. Helmer Friedman LLP represents discrimination victims.

Nike’s Pattern of Age and Gender Discrimination

Nike is a global titan, a brand synonymous with athletic achievement and inspirational slogans. Its “Just Do It” mantra has motivated millions. Yet, beneath this polished public image, a troubling pattern of alleged age and gender discrimination has emerged, raising serious questions about the company’s internal culture. Recent lawsuits paint a picture of a workplace where female and older employees are systematically devalued, creating a hostile work environment that stands in stark contrast to the brand’s progressive marketing.

This post will examine the serious allegations of age discrimination, gender bias, and wrongful termination that have been leveled against Nike. By exploring the details of these legal actions, we will shed light on the experiences of employees who claim they were pushed out, sidelined, and denied opportunities due to their age and gender. These cases serve as a critical reminder that even the most powerful corporations are not above the law and must be held accountable for fostering fair and equitable workplaces.

Legal Disclaimer: While Helmer Friedman LLP did not represent the parties in these cases, it offers crucial insights for both employers and workers facing similar situations.

A Culture in Question

For decades, Nike has cultivated an image as a champion of diversity and inclusion. Its advertising campaigns frequently feature a diverse array of athletes, and the company has publicly committed to creating a more equitable workforce. However, a series of high-profile legal battles suggests a significant disconnect between Nike’s public-facing values and its internal practices.

This isn’t the first time the sportswear giant has faced scrutiny over its workplace culture. In 2018, a class-action lawsuit was filed by four women alleging systemic issues of unequal pay and sexual harassment. Unsealed court documents from that case detailed numerous complaints of misconduct by executives, revealing a workplace culture that some described as toxic for women. These past controversies provide a troubling backdrop to the more recent allegations, suggesting that problems of discrimination may be more deeply entrenched than the company has acknowledged.

A 25-Year Career Ends in Wrongful Termination

The most recent lawsuit, filed in the District of Oregon, stems from a woman who spent 25 years of her career at Nike. Starting as a store manager in 1998, she steadily climbed the corporate ladder, earning nine promotions before becoming a senior director of stores. Her long tenure is a testament to her commitment and capability.

However, her career trajectory took a sharp downturn in 2021 after she began reporting to a new supervisor. According to the lawsuit, as the sole woman on the leadership team, she was treated differently from her younger, male colleagues. The complaint details a pattern of exclusionary behavior, alleging she was frequently left out of important meetings and that critical information was withheld from her. This created a challenging and isolating work environment.

The alleged harassment intensified over the next two years. The lawsuit claims she was subjected to intense micromanagement and was required to provide written summaries of conversations, a demand not made of her male peers. In one particularly demeaning incident, she was publicly reprimanded for organizing a celebration for a long-serving employee, even though she had received prior approval and paid for it herself. When she reported this hostile work environment to Human Resources, her complaints were allegedly ignored.

Her situation worsened after she was diagnosed with degenerative disc disease, a condition related to aging. After informing her supervisor and requesting minor accommodations—one day off and one day of remote work—she was fired a month later over a video call. The reason given was a vague “failure to demonstrate leadership capability.” To add insult to injury, she was denied severance pay. The complaint notes that other women terminated around the same time were also denied severance. At the same time, their male counterparts who were let go did receive it, highlighting a clear instance of potential gender-based discrimination.

The Legal and Ethical Framework

The allegations against Nike touch upon fundamental legal protections designed to prevent workplace discrimination. Federal law, specifically the Age Discrimination in Employment Act (ADEA) of 1967, protects individuals aged 40 and older from discrimination in any aspect of employment, including hiring, firing, promotion, and compensation. It is unlawful for an employer to make decisions based on age-related stereotypes or biases. The lawsuit filed by the former senior director clearly invokes these protections, citing her age as a factor in the discriminatory treatment and her eventual wrongful termination.

Similarly, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on gender. The claims that she was excluded from meetings, micromanaged differently from her male peers, and denied severance that was offered to men all point to potential violations of this crucial law.

Beyond the legal violations, the ethical implications are profound. A company that builds its brand on empowerment and equality has a moral obligation to uphold those values within its own walls. Creating a hostile work environment not only harms the individuals targeted but also erodes overall employee morale, stifles productivity, and damages the company’s integrity. When an employee’s loyalty and decades of service are met with discrimination and disrespect, it sends a chilling message to the entire workforce.

Nike’s Response and the Broader Impact

In response to these serious allegations, Nike has remained largely silent, a common corporate strategy in the face of litigation. This lack of a public response leaves customers, investors, and employees to draw their own conclusions.

This case is not an isolated incident. In 2024, another former Nike senior director sued the company for gender discrimination, claiming she was repeatedly passed over for promotions in favor of less qualified men. These recurring lawsuits suggest a systemic problem that cannot be dismissed as the actions of a few individuals.

The implications of these cases extend far beyond Nike’s corporate headquarters. They highlight a persistent challenge within the corporate world, where stated commitments to diversity and inclusion often fail to translate into meaningful change. For the sportswear industry and beyond, these lawsuits serve as a powerful call for greater accountability. They underscore the importance of transparent internal investigations, robust anti-discrimination policies, and a corporate culture where all employees feel safe, respected, and valued.

Upholding Workplace Justice

The allegations of age and gender discrimination at Nike are a stark reminder that no company is immune to legal and ethical scrutiny. The stories of dedicated employees facing harassment, exclusion, and wrongful termination are not just legal complaints; they are powerful accounts of personal and professional betrayal. They reveal the human cost of a hostile work environment and the critical importance of holding powerful corporations accountable for their actions.

As consumers and citizens, we have a role to play in demanding better. Supporting fair employment practices and advocating for transparency can help create a world where a company’s actions align with its proclaimed values. If you have experienced or witnessed discrimination in your workplace, know that you have rights and that resources are available to help you.

Have you faced age discrimination, harassment, or wrongful termination? Report your experience confidentially to our team of experienced employment lawyers. Your voice matters, and together, we can work towards a more just and equitable workplace for everyone.

Some information for this article is based on reporting by Matthew Kish. 

 

Case Info:  Coleman v. Nike Retail Services, Inc. # 3:25-cv-02059  Reps: Jackson Spencer Law and Buchanan Angeli Altschul & Sullivan

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Hostile Work Environment Laws: A Guide for Employees

Workplace harassment creates an illegal hostile work environment. Consult Helmer Friedman LLP for more info.

Hostile Work Environment Laws: What You Need to Know

A workplace should be a space for professional growth and collaboration, not a source of fear and discomfort. Yet, for many employees, the daily reality is far from this ideal. When unwelcome conduct based on protected characteristics like race, sex, or religion becomes so severe that it creates an intimidating or abusive atmosphere, it crosses a legal line, becoming a hostile work environment. Such an environment not only corrodes morale and productivity but also has significant legal implications for employers who fail to prevent it.

Understanding the legal framework that defines and governs a hostile work environment is the first step toward safeguarding employee rights and ensuring corporate accountability. This guide will walk you through the essential laws, what constitutes illegal harassment, and the steps both employees and employers can take to address and prevent it.

The Legal Framework Defining Workplace Hostility

Both federal and state laws establish the legal basis for what constitutes a hostile work environment. These statutes are designed to protect employees from discrimination and harassment based on specific, protected characteristics.

Federal Law: Title VII of the Civil Rights Act

At the federal level, the primary law is Title VII of the Civil Rights Act of 1964. This landmark legislation prohibits employment discrimination based on race, color, religion, gender, and national origin. It applies to employers with 15 or more employees. Over the years, its protections have been expanded through court rulings and other laws, such as the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), to include disability and age (40 and over).

State Law: California’s Fair Employment and Housing Act (FEHA)

Many states have their own anti-discrimination laws that often provide broader protections than federal law. In California, the Fair Employment and Housing Act (FEHA) is a powerful tool for employees. FEHA prohibits harassment based on a wide range of protected categories and applies to all employers, regardless of size. Crucially, FEHA mandates that employers “take reasonable steps to prevent and correct wrongful (harassing, discriminatory, retaliatory) behavior in the workplace.”

The EEOC’s Definition of Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing anti-discrimination laws. The EEOC defines harassment as unwelcome conduct that is based on a protected characteristic. This conduct becomes unlawful where:

  1. Enduring the offensive conduct becomes a condition of continued employment, or
  2. The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

This “severe or pervasive” standard is critical. It means that a single, minor incident or an offhand comment is typically not enough to be illegal. Instead, the behavior must be persistent or so egregious that it fundamentally alters the employee’s work environment.

What Constitutes a Hostile Work Environment?

Not all unpleasant workplace behavior is illegal. For conduct to be considered legally hostile, it must be both unwelcome and pervasive or severe. The behavior must be subjectively abusive to the person affected and objectively hostile to a reasonable person in the same situation.

Examples of prohibited behaviors that can contribute to a hostile work environment include:

  • Verbal Conduct: This includes telling racist or sexist jokes, using derogatory slurs or epithets, making degrading comments about an individual’s body, or issuing verbal threats. It also covers verbal abuse, mockery, and unwelcome sexual advances.
  • Physical Conduct: Unwelcome touching, physical assault, and impeding or blocking an employee’s movement are clear examples of prohibited physical conduct.
  • Visual Displays: Displaying sexually suggestive or racially insensitive objects, pictures, cartoons, or posters can create a hostile environment. This includes imagery with a sordid history, such as swastikas or nooses.

Courts consider several factors when determining if conduct is severe or pervasive, including the frequency and severity of the conduct, whether it was physically threatening or humiliating, and whether it unreasonably interfered with an employee’s work performance.

Common Types of Workplace Harassment

Harassment that creates a hostile work environment can manifest in several forms, often tied to a specific protected category.

  • Sexual Harassment: This includes unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It can take the form of quid pro quo harassment, where an employment decision is based on an employee’s submission to or rejection of sexual advances, or it can create an offensive environment through pervasive, unwelcome sexual comments or actions.
  • Racial Harassment: This involves discriminatory conduct based on a person’s race or ethnicity. It can range from racial slurs and offensive remarks to displaying symbols associated with racial hatred.
  • Religious Harassment: Treating an employee unfavorably because of their religious beliefs, or making offensive remarks about their religion, constitutes religious harassment. This also includes an employer’s failure to provide reasonable accommodations for an employee’s religious practices.
  • Other Protected Categories: Harassment based on age, disability, national origin, sexual orientation, or gender identity is also prohibited and can form the basis of a hostile work environment claim.

Employer Responsibilities to Prevent Harassment

Under laws like the Fair Employment and Housing Act (FEHA), employers have an affirmative duty to prevent harassment. This requires proactive measures, not just reactive responses. An effective anti-harassment program includes:

  • A Clear, Written Policy: Employers must have a comprehensive anti-harassment policy that is easy to understand and regularly distributed to all employees.
  • Mandatory Training: California law requires employers to provide regular harassment prevention training for all employees, with specialized training for supervisors.
  • A Fair Complaint Process: There must be a clear and accessible procedure for reporting harassment.
  • Prompt and Thorough Investigations: When a complaint is made, employers must conduct a prompt, impartial, and thorough investigation. This helps stop the behavior and sends a message that the company takes harassment seriously.
  • Appropriate Remedial Action: If an investigation confirms misconduct, the employer must take prompt remedial action that is designed to stop the behavior and prevent its recurrence.

Employee Rights and Legal Recourse

If you are experiencing harassment at work, creating a hostile work environment, you have rights and several options.

  • Report the Harassment: The first step is often to report the conduct internally to your supervisor, a designated HR representative, or anyone in your supervisory chain. Your employer cannot fix a problem it doesn’t know about.
  • Document Everything: Keep a detailed record of every incident of harassment. Note the date, time, location, what was said or done, and who was present. Save any emails, texts, or other physical evidence.
  • Legal Recourse: If your employer fails to take action, you can file a complaint with a government agency like the DFEH in California or the federal EEOC. You also have the right to file a lawsuit against your employer. Remedies for a successful claim can include reinstatement to your job, back pay, and damages for emotional distress.

It is illegal for an employer to retaliate against an employee for reporting harassment or participating in an investigation.

The Damaging Impact of a Hostile Workplace

The consequences of a hostile work environment are severe for both employees and employers. For employees, the emotional and psychological toll can be devastating, leading to anxiety, depression, and other stress-related health issues. For employers, the costs can be immense, including legal fees, settlement payouts, decreased productivity, and damage to the company’s reputation.

Take Action to Protect Your Rights

No one should have to endure a hostile work environment. Understanding your rights is the first step toward holding employers accountable and ensuring workplaces are safe and respectful for everyone. If you believe you are a victim of workplace harassment, it is crucial to seek professional legal guidance.

The attorneys at Helmer Friedman LLP are dedicated to fighting for the rights of employees who have been subjected to discrimination and harassment. We offer confidential consultations to help you understand your options and take the next step. Contact Helmer Friedman LLP today to speak with an experienced employment lawyer.