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Fast-food workers face persistent sexual harassment
Hollywood, tech, and media aren't the only industries in the spotlight for rampant sexual harassment. Countless hourly fast-food workers continue to come forward after facing sexual misconduct from managers, coworkers and customers.
Women are most often the victims
A recent report shows that 2 in 5 women working in fast-food experience some form of workplace sexual harassment. It can come in the form of inappropriate jokes, unwanted touching, kissing or offensive comments about their sexual orientation.
Unlike women working in higher-paying industries, those in fast-food don't often feel like they can voice their concerns. Nearly 42% of women in the report said they felt they had to accept the harassment or they would lose their job. Those who tried to report the harassment to their employer said they endured retaliation such as:
Some forms of workplace retaliation are more hidden than others
Many employees who feel mistreated fear speaking up against these actions due to the possibility of workplace retaliation. While a demotion or termination might be the most dramatic workplace retaliation, there are numerous examples that are more insidious or hidden from plain view.
Fortunately, there are several legal protections in place to guard an employee from retaliation in the workplace. Workers have the right to speak out about sexual harassment, discrimination or other forms of mistreatment. Unfortunately, it is often a challenge to link the alleged retaliation to the inciting event. There are several examples of retaliation that are less obvious than others, including:
- Being intentionally overlooked: Whether it is being excluded from a meeting or left off the invitation for a work activity, an employee who is intentionally left out of work functions could be experiencing a form of retaliation.
Should I quit before they fire me?
No one wants to experience getting fired, but it may be the better option between getting fired and quitting. Before you quit and expect to be able to file for unemployment, you should know how the end of your job can impact your chances of earning unemployment. While unemployment offers non-working people the income they need, not everyone can earn it. So you can make the right decision for yourself, here is what you need to know before you quit:
What is the difference when it comes to unemployment?
When filing for unemployment benefits, the Maryland Department Of Labor (MDOL) will look at your application's unique circumstances. This review will include looking into what exactly caused the end of your employment.
If you suspect you are about to soon be fired, you typically have two options to choose between: quit or let them fire you. Each option comes with its own implications. For example, quitting your job makes it appear as though you chose to leave the company and are capable of living without their income. MDOL often sees this situation as enough evidence to deny your application for unemployment.
Federal employees have a different process for reporting discrimination
No employee should have to suffer the effects of discrimination at work, or feel that their workplace is a hostile environment where they cannot fulfill their work duties in peace. Unfortunately, employees sometimes find themselves forced to report their employers to vindicate their rights. However, if you are an employee of the federal government, protecting yourself from workplace discrimination looks a bit different than it does for private employees.
The EEOC
There are many pieces of federal legislation that protect employees of the federal government against harassment and discrimination. For example, Title VII of the Civil Rights Act prohibits employers from treating employees differently based on protected characteristics, such as race, sex or religion.
The Equal Employment Opportunity Commission (EEOC) is a federal agency to which employees can report instances of workplace discrimination or harassment that violate federal law. The process for reporting an instance of discrimination or harassment to the EEOC is different for federal employees than it is for private employees – including strict deadlines that the employee must observe.
What can you do to prove sexual harassment at work?
Sexual harassment is a serious problem that no one should ever experience. Despite how terrible this kind of harassment is, nearly 40% of women in the workplace have experienced it. Filing a sexual harassment claim can help make it clear that these actions have consequences, but many victims may feel like a claim will not work.
The key to a successful claim is gathering the necessary proof against your harasser. Proving harassment means you need to show that the harassment happened because of your sex, the actions were unwelcome, and the actions were abusive. You can take these steps to help make your claim successful against your harasser:
Document everything
By keeping a detailed record of events, you can help pinpoint the information needed for a strong sexual harassment claim. Take notes of what was said, what actions happened, when and where they happened, and who else witnessed the event. If any correspondence happens that acknowledges the harassment, such as emails, texts or notes, be sure to keep them as well.
What are common types of whistleblower retaliation?
For many, the term "whistleblower" carries a negative connotation – as if a worker has gone out of line and shared a company secret. While certain elements of this characterization might be based in reality, the truth is a whistleblower performs a necessary role in ensuring companies act legally and responsibly. Unfortunately, many potential whistleblowers choose to hold their tongues for fear of industry retaliation in response to their statements.
While workers fear the common types of retaliation such as termination, demotion or unwarranted disciplinary action, there are more uncommon forms that must be abolished, including:
- Constructive discharge: This occurs when a company creates an environment so toxic that an employee feels they have no choice but to leave the organization. Technically, the company did not terminate the employee, but a careful examination of factors leaves little question as to what happened. Working conditions can become intolerable for several reasons including transfer to a new department, transfer to a new shift schedule, changing work responsibilities and changing training requirements.
Managing Partner Named 2022 Maryland Super Lawyers Rising Star
We are thrilled to announce that Lindsay A. Freedman, Esq. has been selected as a 2022 Maryland Super Lawyers Rising Star. Only 2.5% of attorneys in Maryland receive this honorable distinction. Mr. Freedman is the Founder and Managing Partner of Freedman Law, LLC.
Updates on Biden's vaccine mandate
Dealing with the mandates, rules and restrictions surrounding the COVID pandemic has been a stressful and challenging course for employers, employees and consumers. While some find comfort in taking extra precautions, others feel violated as they feel pressure to change what is comfortable.
Now that the vaccine is widely available for much of the population, there is an increasing push to get those apprehensive about the vaccine to choose to be vaccinated. In an effort to encourage increased vaccination, President Biden made a mandate for certain employers to require vaccination.
Since the announcement of the mandate, there has been substantial push-back from those who are uncertain, with several cases going to the upper courts.
Here's what you should know about the effect of the pending lawsuits and what it means for employers under the mandate.
Interpreting speculation and the freeze
Currently, the country is divided on how to proceed with the mandate. While the Senate and a handful of states have federal courts supporting blocking the rule, the 5th US Circuit Court of Appeals recently issued an order allowing employers to enforce the mandate.
Proving that sexual harassment is 'unwelcome' can put victims' conduct on trial
In 1986, the Supreme Court issued a landmark ruling in the history of American sexual harassment law. In Meritor Savings Bank v. Vinson, the Court ruled for the first time that when workplace sexual harassment creates a "hostile work environment," it is a form of illegal employment discrimination under federal law.
Only 'unwelcome' sexual harassment is against the law
But the Meritor decision also introduced a term that has challenged plaintiffs in sexual harassment lawsuits ever since. In order for sexual harassment to be illegal, it has to be "unwelcome." In many cases, this puts the plaintiff's behavior in the spotlight, particularly if she is a woman. Questions that the defendant might pose include:
- What kind of clothes did the plaintiff wear to work? Did she wear low-cut tops and short skirts?
- Did the plaintiff clearly tell the perpetrator that they did not want to be harassed every time it happened?
Answering Questions About Telework
The Americans with Disabilities Act (ADA) provides disabled Americans the ability to request reasonable accommodations in the workplace. For many Americans suffering from any number of disabling conditions, telework may offer them the solution they need to be able to balance their job and their disabilities.
Before someone requests telework for themselves, they may have questions about reasonable accommodation. With the right information, you may be able to gain the accommodation that you need, so here are a few answers that you might be looking for to with your telework pursuit:
Who qualifies for telework?
According to the ADA, any employer who has 15 or more employees must provide reasonable accommodation. Telework can qualify as a reasonable accommodation, which means that anyone employed by a large enough employer qualifies for telework if their position can allow it.
How can I apply for telework?
Each employer often has its own policies on how to go about applying for telework, but there are some things everyone should know about the process. When making your case to HR, it is often advantageous to appeal to their sense of business rather than personal need. Additionally, make sure that any agreement you come to is confirmed in a written agreement.
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