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Recent Blog Posts
How are whistleblower federal employees protected under the law?
In Maryland and Virginia, the federal government is a large-scale employer. Since the area is so close to the power hub of Washington, D.C., it is natural that there will be an extensive array of federal agencies that employ a wide swath of people. Although working in the public sector differs from working in the private sector, it is a sad fact that workers are always at risk of being mistreated.
Legal violations can happen regardless of where a person works and it is important to understand the available recourse. Being a whistleblower to report when an employer is violating the law is not easy. Often, people are reluctant to speak out due to fear of retaliation and a negative impact on their future. Before walking away without complaining about wrongdoing, it is wise to understand the law protecting whistleblowers and to have professional help.
How the No FEAR Act helps federal whistleblowers
The No FEAR Act-Notification and Federal Employee Anti-Discrimination and Retaliation Act of 2002-was signed by President George W. Bush. Under this law, a federal agency that is found to have violated employment law and retaliated against whistleblowers will be held directly accountable.
World Mental Health Day - ADA in the Workplace
On Monday, October 10, 2022, we celebrated World Mental Health Day to raise awareness of mental health issues worldwide and mobilize efforts to support mental health. Stigma and discrimination continue to be barriers to social inclusion and access to proper care; however, we can all play our part in increasing awareness. The holiday is a step towards making mental health and well-being for all a global priority.
At Freedman Law, LLC, we help individuals against discrimination in the workplace, including those with physical and mental disabilities. The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in the workplace.
Critically, in 2008 the ADA was amended with the Americans with Disabilities Act Amendments Act (ADAAA), which changed the definition of the term "disability." The ADAAAA significantly broadened the definition of a disability to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the statute. The new law made it clear that the definition of disability would be construed as broadly as possible to include anything that substantially limits one or more major life activities, a record (or past history) of such an impairment, or even being regarded as having a disability. In terms of mental health, this often means that mental impairments such as diagnosed depression and anxiety disorders may be protected disabilities. A recent landmark 4th Circuit case ruling in Williams v Kincaid also found that gender dysphoria is covered by the ADA, a holding that is more inclusive towards those who are discriminated against based on their gender identity.
What you need to know about harassment in the fast-food industry
Sexual harassment is more common than most people realize. Yet, certain sectors of the professional world are more susceptible than others to this type of egregious behavior. Amongst them is the fast-food industry. Restaurants in general are problematic when it comes to sexual harassment, with one study showing that 90% of women who work in the industry report having been subjected to sexual harassment. Even 70% of male workers in this industry have indicated that they've been sexually harassed at work.
Sexual harassment in the fast-food industry
Those who work in the fast-food industry can be taken advantage of relatively easily. This is because these workers usually aren't in as strong of a position to protect their rights as those who work elsewhere. For example, fast-food workers are oftentimes subjected to inconsistent scheduling and frequent schedule changes, which means that it can be hard to decipher when retaliation has occurred after sexual harassment has occurred.
Natural Hair in the Workplace
What is the CROWN Act?
The CROWN Act (Creating a Respectful and Open World for Natural Hair) was first introduced to Congress in March of 2019. The goal of the Act is to promote equity and inclusivity within the workplace environment, specifically prohibiting prejudicial treatment towards individuals based on their hair texture or protective style. The CROWN Act would prohibit workplace discrimination based on a person's hair texture or hairstyle if that style or texture is commonly associated with a particular race or national origin. The Act's protections include, but are not limited to, dreadlocks, cornrows, twists, braids, Bantu knots, and afros. The CROWN Act protects employees from race-based discrimination relating to their natural hair, such as the denial of job opportunities or promotions. Under the Act, an employee may not be reprimanded for having their hair in a protective style or choosing to wear their natural hair at their place of employment.
Pursuing a discrimination claim as a federal employee
As a federal employee, you have a number of workplace protections. Among them are the standard protections from employment discrimination on the basis of gender, race, color, religion, and national origin that those who work in the private sector enjoy. These protections extend to every aspect of employment, too, from hiring and promotion to discipline and termination. You're also protected from retaliation when you report wrongdoing in the workplace, and you're shielded from sexual harassment, age discrimination, and pregnancy discrimination.
But federal employees are wronged by their employer all the time. When this occurs, these workers can suffer an extensive amount of harm. This is unfair, which is why if you feel like you've been treated unfairly by your employer, you might want to consider taking legal action to protect your interests. But pursuing a discrimination claim against a federal employer looks different from similar claims levied against private employers.
Lower performance reviews: a subtler form of workplace discrimination
A company that refuses to hire qualified job applicants because of their race, gender, age or religious beliefs is violating federal and Maryland employment laws. But there are subtler ways that employers can discriminate illegally.
One such tactic is to systematically give lower performance review scores to members of a protected class - not because their work is of lesser quality, but because the employer wants to pay the protected class employees less.
Lower performance scores for minority Times employees
That is what the NewsGuild union is accusing The New York Times is doing to its employees of color. The union released data that alleges that Hispanic employees are 60 percent less likely to receive a high score on their performance review than their white peers. Black employees only received high scores half as often as white co-workers. The Times uses these scores to determine how large of an annual bonus each worker gets.
Client Prevails Before National Labor Relations Board
Freedman Law, LLC is pleased to announce that our client recently prevailed, winning a full recovery, after a two-day trial in Baltimore, Maryland. Following a full trial on the merits before the National Labor Relations Board, the Honorable Arthur J. Amchan held that our client had been illegally suspended and discharged after he engaged in protected concerted activity, i.e. whistleblower activity protected by the National Labor Relations Act. As a result of the favorable outcome, our client was awarded full backpay damages, possible reinstatement, and interim employment expenses, among other relief.
Prior to his sudden suspension/termination, our client worked as a firearms instructor at a private gun range in Maryland. The gun range had consistent issues with ricocheted bullets coming back towards instructors and students. Our client made multiple safety complaints to upper management leading to his wrongful suspension and termination.
In an attempt to avoid liability, the former employer alleged that this individual was a supervisory employee not covered under the National Labor Relations Act. Moreover, his former employer argued that the company was insulated from liability because of the employee's purported "poor conduct" when raising his legitimate safety complaints. This was not the case.
Nonbinary Pronoun Usage in the Workplace: Promoting Inclusivity
Nonbinary Pronoun Usage in the Workplace: Promoting Inclusivity
According to a recent study, an estimated 11 percent of individuals who identify as LGBTQ in the United States (i.e., approximately 1.2 million people) also identify as non-binary. It is increasingly common for these individuals to go by gender-neutral, nonbinary pronouns, including they/them/theirs, along with others. The Equal Employment Opportunity Commission (EEOC) issued new guidance on June 15, 2021, taking the position that "intentionally and repeatedly using the wrong name and pronouns to refer to a transgender employee could contribute to an unlawful hostile work environment" in violation of Title VII. The EEOC further took the position:
Could use of pronouns or names that are inconsistent with an individual's gender identity be considered harassment?
Maryland Becomes the Latest State to Establish Paid Family and Medical Leave for Employees
Maryland Enacts New State Paid Family and Medical Leave Entitlement
Maryland recently joined nine other states (and the District of Columbia) in providing employees in the state with a right to paid family and medical leave. Although employer contributions to the paid family and medical leave program will not begin until 2023 and employees may not apply for benefits until 2025, when the law goes into effect, it will dramatically expand the leave rights available to Maryland employees because the law applies to employees and employers who are not covered by the federal Family and Medical Leave Act (FMLA).
Starting on October 1, 2023, all employees working in Maryland, self-employed individuals, and employers with 15 more employees participating in the Program must begin contributing to a new paid sick-leave fund. Based on the new law, an eligible employee will receive a weekly maximum payment of $1,000.00 for up to 12 weeks. An eligible employee is one who has worked at least 680 hours over a 12-month period immediately preceding the date on which leave is to begin.
3 key things to understand about workplace sexual harassment
The #metoo movement has had a powerful impact on the employment landscape. Thousands of courageous sexual harassment victims around the country have come forward and spoken out against this pervasive problem. More than ever, society is sending a strong message that sexual harassment will have consequences.
If you're contending with uninvited sexual behavior in the workplace, here are a few things you should know:
Anyone can be a perpetrator.
Workplace sexual harassment doesn't have to refer to a manager taking advantage of their position of power to make unwanted sexual advances towards a lower-ranking employee. Anyone in a workplace can be guilty of degrading behavior towards a coworker – regardless of rank. In addition, if the employer is aware of such inappropriate behavior by anyone in the company – even a non-employee, such as a supplier – and tolerates this behavior, the employer can be held responsible for failing to create a safe workplace.
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