Big Law Survey Shows Big Pay Gap, Equity Disparity for Women

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If you are a woman working at a big law firm, it may be hard to understand why your paycheck falls short compared to your male co-workers. A new study shows you are not alone.

In this blog post, I will review a study performed by Major, Lindsey & Africa, a legal search firm based in Washington, DC. I will explain how women partners’ hourly rates, billable hours, and origination attribution may all be contributing to a large pay gap for female equity and nonequity partners in the nation’s largest firms.

The Statistics Behind the Pay Gap

Major, Lindsey & Africa is a legal search firm, which performs a biannual survey of partner compensation among big law firms. In October the firm announced its 2016 results, which are based on over 2,150 responses. The survey shows the gender pay gap continues to be a problem for the legal industry. According to the survey, the average male partner earned $949,000 per year, compared to only $659,000 for female partners. The survey also showed a distinct gap in billable rates ($701 for men compared to $636 for women) and annual billed hours (1,703 as compared to 1,632 for women).

Gender Pay Gap Explained as Origination Differences

Study author Jeffrey Lowe, Managing Partner at Major, Lindsey & Africa’s Washington DC office, says:

“Originations is probably the single biggest determination of what your compensation will be.”

Origination is defined as the total dollar value of work performed and collected by a law firm as a result of a partner’s efforts. The survey showed that the average male partner has over $2.5 million in originations, compared to $1.7 million for women.

“That’s the crux of the issue: Why are men generating more business than women?” Lowe said. “Is there some boys club aspect or not?”

At least part of the problem of origination can be seen in the difference in the billable hour. With a $65 difference in the average billable hour and over 1,600 hours billed each year, that difference can add up. But most partners do not set their own billable rate. It is decided by the firm. If a woman’s firm won’t agree to bill equally for their work, that female lawyer will end up having to work harder for the same amount of origination credit.

Equity Partnership May Play a Role

Another reason why female partners make less may have to do with their position. While the Major Lindsey study did not separate equity from nonequity partnership, another 2016 survey by The American Lawyer did. It found that at the 254 largest U.S. law firms, women made up 27% of the nonequity partners and only 17% of equity partners. Becoming an equity partner increases a lawyer’s pay, billable rate, and support in the office, so the vast difference in numbers is a problem.

“Many firms want to address it,” Lowe said, “but when you try to address it with them it becomes a question of, ‘How much business do [these lawyers] have?’”

Big Law Gender Pay Gap Causes Dissatisfaction at Work

The Major Lindsey survey also dug into the effect of the gender pay gap. Lowe asked big law partners how satisfied they were with their salaries, and their jobs. The number of women dissatisfied with their pay has grown from 5% in 2014 to 8% in 2016. Another 19% of women said they were “not very satisfied” with their salaries.

While only 10% of partners cited gender bias as a reason for their disappointment, another 24% attributed it to cronyism, which is a related concern.

Female Partners File Gender Pay Gap Lawsuits

Many female partners feel they are not given credit for the work they do perform. Earlier this year, Attorney Kerrie L. Campbell sued big law firm Chadbourne & Parke, LLP, for violations of the Equal Pay Act and gender discrimination. Her complaint said that she was being credited with fewer “compensation points” based on origination factors than her male counterparts. Similarly, Kamee B. Verdrager sued Mintz Levin, saying credit for business she brought in was incorrectly being credited to male attorneys in her firm. Once, origination credit was assigned to a male attorney who didn’t even know the client’s name.

The Equal Pay Act is designed to protect women whether they are in the file room or a top equity partner. At Eisenberg & Baum, LLP, our gender discrimination attorneys understand how to use the law to protect women and their rights against industry-wide problems of sex bias and discrimination. If you believe that you are being paid less than your counterparts because of your gender, contact Eisenberg & Baum, LLP, today to schedule a free consultation.

ESPN Spotlights Deaf High School Football Team

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Weeknight high school football is all about the atmosphere. The teamwork, the coaching, and the sound of the crowd. But a recent GEICO ESPN High School Football Showcase made an exception to that rule. It aired the first game in its history featuring an all deaf high school: California School for the Deaf.

In this blog, I will review the work done by ESPN to include deaf athletes in the excitement of high school football, and the importance of including disabled athletes across the country.

ESPN’s “Silent Night Lights” Sets the Stage

In 2015, ESPN aired a special presentation on its E:60 program called Silent Night Lights. The 15 minute segment told the story of the California School for the Deaf in Fremont, California. The school, which was founded in 1850, has 450 deaf students, all of whom learn and are taught in American Sign Language. And that extends to the football field.

The CDS Eagles teammates say that they are often seen as underdogs in their games because they can’t hear. But using signs and signals they are able to communicate, even changing up plays on the fly with no huddle. When the deaf athletes win, some hearing teams get angry, but the Eagles don’t let that bother them. Their 2014 season ended up 8-2. Every win was a shut-out. But then they lost in the playoffs.

Historic Telecast Features Deaf Athletes for the First Time

Then, on October 20, 2016, the California School for the Deaf was back on the air, live. As part of the GEICO ESPN High School Football Showcase, the team faced off against Woodland Christian. It was the first time ESPN aired a game featuring an all-deaf team. Martin Khodabakhshian, E:60’s senior producer, said on ESPN Front Row:

To have the opportunity to direct the documentary “Silent Nights Lights” with my incredibly talented and passionate production team was a true honor and blessing.

And now to see that lead to ESPN airing one of their games live on our air? In the words of CSD Fremont’s head football coach Warren Keller, this is going to be “a historic event for the deaf community and the school.”

Carrie Kreiswirth continues:

I’m so thrilled that we as a company are covering the school and game the way we are, and bringing a national spotlight to the accomplishments that the deaf community is accomplishing especially at the California School for the Deaf-Fremont.

It’s going to be one of the most memorable events of my career to be allowed to be a part of the broadcast and help in any way I can and be on the ground this week. Simply amazing.

The telecast included several deaf-oriented aspects. Starting lineups were signed. The CDS cheerleaders were shown signing the national anthem. Several mothers were interviewed about their sons’ participation in the sport in light of their disabilities.

After the game was aired live, ESPN also posted a recap on its website including an ASL interpreter and a vocal interpreter to help viewers understand the players. When time ran out, California School for the Deaf, Fremont, was on top 43-0, their 4th shut-out of the 2016 season.

From Football Highlights to Disability Rights

ESPN’s historic decision to air an all-deaf football team’s game highlights the importance of disability rights in public schools. All students are entitled to access to public education. But often, students with deafness or other disabilities find their way to an education barred due to a lack of accommodations. ESPN’s work with CDS shows that not only are deaf students able to compete in sports at a high level, they can excel.

At Eisenberg & Baum, LLP, we want to win for our deaf clients, too. At the Eisenberg & Baum Law Center for Deaf and Hard of Hearing, we advocate for students, employees, tenants and patients who need help getting the protection and accommodations they need. We use tools like the Americans with Disabilities Act to make sure deaf individuals have access to education, work, medical care and housing. Our deaf-friendly office provides sign language interpreters and videophones for our clients. Our team includes a CODA attorney fluent in sign language and a deaf rights liaison, to make sure their stories are heard.

We applaud ESPN for the work it is doing to spotlight deaf athletes. And we hope that it will be the start of a trend toward treating disabled students with respect and dignity, and give them a fair shot at greatness.

Top 5 Reasons Women Sue Their Employers

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What would make a woman take her employer to court? If you are facing a difficult situation at work, you may wonder what other female employees have done to get fair treatment. Here are some common forms of discrimination lawsuits that women file against their bosses.

In this blog I will discuss 5 common issues for employment lawyers who advocate for women. I will introduce issues of gender discrimination, pregnancy and disability accommodations, and equal pay wage gap problems. I will also provide examples for each kind of discrimination.

Women Sue to Stop Sexual Harassment

Whether it is overt sexual advances or repeated sex-related jokes, sexual harassment can make an office or job site unbearable. When gentle reminders and formal complaints fail, women often have to take their employers to court to stop sexual harassment. There, the judge will look at whether a pattern of behavior is so extreme or pervasive that it creates a hostile working environment.

For example, if a woman is repeatedly exposed to pornographic male images, even after asking her co-workers to stop, she may be facing sexual harassment. If her employer won’t do anything about the “jokes” she could be able to sue.

Gender Discrimination Lawsuits Help Break the Glass Ceiling

Gender discrimination doesn’t always look like harassment. Sometimes, a woman will discover that she is being given poorer working conditions or has been passed over for promotion simply because of her sex. When a manager, supervisor, or boss bases employment decisions on sexual stereotypes, it can result in an adverse employment decision and the basis for a gender discrimination lawsuit.

For example, if a woman has the qualifications for an accounting position at her company, but her boss gives the job to a man because “women can’t be trusted with money,” she may have a claim.

Expectant Mothers Stand Up Against Pregnancy Discrimination

The birth of a child should be a joyous event. But sometimes, when an expectant mother gains a child, she loses a job. Even though the Pregnancy Discrimination Act prohibits making job decisions based on a person’s pregnancy, childbirth or related medical condition, many women find themselves having to choose between family and work. When an employer refuses to make temporary accommodations for a pregnant woman’s medical restrictions or denies a pregnant mother unpaid leave, those decisions can sometimes lead to a pregnancy discrimination lawsuit.

For example, if a woman takes unpaid maternity leave from a larger company, only to find she has been replaced when she is ready to come back, she could be entitled to file a lawsuit.

Disabled Women Deserve Work Too

Not every lawsuit a woman brings against her employers has to do with her gender. Women also face discrimination at work for things like race, religion, and disabilities. When a female employee is disabled, for example, she may have to sue to get the reasonable accommodations she needs to complete her work. The Americans with Disabilities Act and the Rehabilitation Act are designed to make sure every worker has the tools she needs to do her job. Still, many employers are unwilling to make even simple accommodations for their workers. When that happens, women can get the help they need through a lawsuit under the ADA.

For example, if a female cashier’s physical condition makes it difficult to stand at her register for her entire shift, she may request a stool to sit on as an accommodation. If her employer refuses even though it would not be unreasonably expensive or difficult, she may be able to sue.

Women Sue for Equal Pay at Work

Even when an employer doesn’t interfere with a woman’s work, it may still be discriminating against her when it comes to her pay check. In many industries, women make significantly less than men for doing the same work, even though that is illegal under the Equal Pay Act. When a woman discovers that she is making less than her male counterparts because of her gender (rather than performance or seniority, for example), she may be able to sue for wage discrimination.

For example, if a professional woman discovers that her annual bonus is half of that received by male employees with similar work histories, she may be entitled to file a lawsuit.

Helping Women Get Fair Treatment at Work

When women find the odds stacked against them at work, they need the help of skilled and experienced gender discrimination attorneys to set the records straight. At Eisenberg & Baum, LLP, we help women every day to get equal treatment from their employers. Whether your case involves gender discrimination, sexual harassment, or pregnancy, disability, or wage discrimination, we can help you make your case. Contact Eisenberg & Baum, LLP, today to schedule a free initial consultation and find out whether it is time to sue your employer.

What Does Quid Pro Quo Sex Discrimination Really Look Like?

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When someone at work comes on to you, it can be hard to know whether saying no will put your job at risk. Is it just a friendly offer, or is your promotion, seniority, or even you career on the line? Find out what quid pro quo sex discrimination looks like in today’s workplace, so you know when and how to fight back.

In this blog post, I will describe several hypothetical examples of quid pro quo sex discrimination and explain how each may result in an employment discrimination claim. I will also explain the next steps you should take if you think your boss is holding your job hostage to sexual requests.

What is Quid Pro Quo Sex Discrimination

“Quid pro quo” is a Latin for “something for something” or “this for that.” In the legal world, it means that you will get something only if you give something else. In the context of employment, quid pro quo sex discrimination happens when a boss, supervisor, or manager makes it clear that an employee will only get something (like a raise or promotion) in return for saying yes to a sexual demand. It can even apply when the “something” the employee receives is that he or she will not be fired, be reprimanded, or face other negative employment actions.

When it comes to Title VII and the Equal Employment Opportunity Commission (EEOC), illegal sex discrimination or sexual harassment happens when rejection of unwanted sexual advances results in an adverse employment action. This can include being fired, demoted, passed over for promotion, or receiving negative evaluations, among other things. The trigger for these actions is usually the employee’s refusal of sexual advances or requests for sexual favors.

What Does Quid Pro Quo Sexual Discrimination Look Like?

Overt Sexual Offers

Sometimes, the quid pro quo harassment is obvious. For example, let’s say Ellen has been a 3rd shift stockroom employee for a grocery store for almost 1 year. At her annual review, her supervisor, Tony, says he will recommend she be promoted to shift manager if she will agree to certain sexual favors. Quid pro quo: If Ellen gives Tony sex, Tony will give Ellen a recommendation.

Implied Sex Discrimination

Perhaps more often, a supervisor’s sexual advances are more subtle. For example, news reporter Gretchen Carlson recently sued her former employer, Fox News, claiming that Chairman Roger Ailes had made inappropriate sexual advances that amounted to quid pro quo sex discrimination. According to her complaint, Ailes told her: “I think you and I should have had a sexual relationship a long time ago and then you’d be good and better and I’d be good and better.” He added “sometimes problems are easier to solve” that way. While Ailes’ comments didn’t overtly offer career advancement, the idea that “you’d be good and better” implied illegal quid pro quo sex discrimination.

Sex Discrimination at School

Not every claim of quid pro quo sex discrimination happens in the workplace. Sometimes, the thing promised is academic achievement or accolades. For example, imagine that David was a freshman in college, struggling to get through a required history class. He asked his professor, a woman, for help during office hours. When he showed up to her office, the professor made advances on him, but he rejected them. The professor then got angry and told David to leave, refusing to provide the assistance unless he agreed to engage in sexual activity with her. By conditioning the tutoring on David’s sexual willingness, the professor crossed the line into quid pro quo sex discrimination.

Quid pro quo isn’t the only form of gender discrimination. Sometimes sexual harassment can take the form of a hostile work environment. But when promotions, employment, or even termination depends on the subordinate saying yes to sexual favors, the EEOC and civil judges are quick to find discrimination.

The challenge in many quid pro quo sex discrimination claims is proving they happened. If you have been improperly approached by a supervisor or superior, contact the employment discrimination attorneys at Eisenberg & Baum, LLP, today for a free consultation. We will help you gather the proof you will need to take back your job, and your dignity.

What Kind of Discrimination is Against the Law?

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You feel like you have been treated unfairly. Some decision went against you and you think it might be because of bias on the decision maker’s part. But is it illegal or just unfortunate? What kind of actions count as illegal discrimination?

In this post, I will summarize of the different types of illegal discrimination. I will explain where illegal discrimination can occur, and provide some next steps if you think what has happened to you might be illegal.

Illegal Discrimination is Based on Who or What You Are

There are lots of legal reasons for a decision maker to say no. If you have been convicted of a crime in the past or have a low credit score, you may have trouble landing or keeping a job or renting a home. In general, when discrimination is against the law, it is based on who or what you are, rather than something you have done in the past. Federal and state civil rights laws prohibit discrimination based on:

  • Race, Color, or National Origin
  • Gender, Sex, or Sexual Orientation
  • Religion
  • Pregnancy or Disability
  • Age
  • Genetic Information

With the exception of pregnancy discrimination, all of these factors are inherent to who the person is. The law prohibits employers, landlords, and others from punishing you for attributes outside of your control.

Laws That Prohibit Illegal Discrimination

There is no one law that applies in every case of discrimination. Instead, the Equal Employment Opportunity Commission (EEOC) enforces a number of laws, each of which prevent one or more kinds of discrimination. These include:

  • The Civil Rights Act which protects against discrimination based on race, color, religion, national origin, or sex.
  • The Pregnancy Discrimination Act which protects women against discrimination based on pregnancy, childbirth, and related medical conditions.
  • The Equal Pay Act which ensures that women receive the same pay for the same work in the same workplace as their male counterparts.
  • The Age Discrimination in Employment Act which protects older workers in the workplace.
  • The Americans with Disabilities Act which ensures anyone with a disability has access to a full life.
  • The Genetic Information Nondiscrimination Act which protects against discrimination based on genetic information about disease, disorders, or condition in the workplace.

Together, these laws provide a blanket of protection against illegal discrimination for a wide variety of inherent traits.

Where Illegal Discrimination Happens

Depending on the basis of the illegal discrimination, you may be protected in different parts of your life.

At Work

Most of the EEO laws apply at work. Your employer has the most restrictions against illegal discrimination. Whether you are fired, passed over for promotion, or treated differently on the job, an employment discrimination attorney may be able to help you file a discrimination claim.

In a Job Search

Many people don’t realize that employment discrimination laws also protect job seekers. If you are passed over for a job because of your race, sex, or other protected status, that is a form of illegal discrimination. Similarly, if an employment agency or temp service refuses to place you at a certain position, that can also be the basis for a claim.

At School

Discrimination doesn’t always wait for a person to turn 18. Sometimes, students face discrimination at school from teachers, or based on school policies. Title IX of the Civil Rights Act applies many of the same laws against illegal discrimination to teenagers as adults at work.

At Home

Discrimination in housing can be devastating to you and your family. Several of the EEO laws also apply to landlords, realtors, and sellers. This includes protections that allow disabled tenants to make reasonable accommodations in their rental homes to make sure their houses work for them.

In Retaliation Cases

Sometimes, it can feel like there’s nothing you can do when you are facing illegal discrimination. Fear of retaliation can keep you from filing complaints and asserting your rights. That’s why every EEO law includes protections against retaliation. If an employer, landlord, or other decision maker punishes you for trying to improve your situation, you may be entitled to more extensive remedies from the EEOC or in court.

What to Do If Your Are Facing Illegal Discrimination?

Even with all the laws protecting employees and tenants, illegal discrimination still happens. When it does, the discrimination attorneys at Eisenberg & Baum, LLP, can help you fight back. By scheduling a free initial consultation with our team, you can find out whether your case counts as illegal discrimination. We will explore the options available to you, and create a strategy to get you the relief you need. If you think you have been illegally discriminated against, contact Eisenberg & Baum, LLP, to schedule a free initial consultation.

Top 3 Signs That You’re Being Sexually Harassed at Work

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When comments, behavior, and jokes make you uncomfortable at work, it’s tough to know whether there is anything you can do about it. Are you being too sensitive, or is it really sexually harassment? Here are three signs that you are being sexually harassed at work.

In this blog, I will review the top 3 signs that workplace behavior counts as sexual harassment. I’ll explain how the Equal Employment Opportunity Commission (EEOC) decides whether something counts as sexual discrimination. And I’ll explain what to do if you are being sexually harassed at work.

1. That One Sexual Comment You Tried to Ignore Has Turned into Constant Comments

One off-color comment isn’t necessarily sexual harassment. Just because a coworker asked you for a date doesn’t mean you should file a complaint. But when that one sexual comment turns into a constant stream of unwanted sexual statements, that’s a good sign you are facing sexual harassment.

Federal laws prohibit unwanted sexual behavior that is so frequent or so severe that it creates a hostile or offensive work environment. So when one comment becomes many over your objection, you may well be facing sexual harassment. The more off-putting the statements, the less often they need to happen before they cross the line into discrimination.

2. You Feel Like Your Job Depends on Saying Yes to Sexual Advances

Anyone asking you to have sex with them can feel uncomfortable. But when the person asking is your boss, it can create added pressure to say yes. If you feel like you could be fired or your job could be affected if you say no to sexual advances, you are likely facing sexual harassment.

Under federal and state laws, requests for sexual favors count as sexual harassment if they result in an adverse employment decision. This can include firing, demotion, negative reviews, or even changes in shift and job assignments. If saying no to a supervisor’s sexual advances leads to negative treatment at work, that treatment will likely count as sexual discrimination.

3. Your Complaints Are Ignored or Mocked

It can be tough to get up the courage to object to sexual jokes or comments. When a boss or co-worker insists on calling one gender names or talking about his or her sex life, it can seem like that’s just part of the job. The key to ending discriminatory treatment is to say something about it. Sexual harassment laws require that the behavior in question be unwanted. Unless you raise an objection to the behavior, it can be hard for an employment discrimination attorney to later prove you weren’t willing to play along.

But complaining doesn’t always end the behavior. Even though your employer has an obligation to correct discriminatory behavior, often an employee’s complaints can go unanswered. Worse, sometimes filing a complaint with your union or your HR department can result in retaliation. You could end up mocked for reporting the very behavior you find offensive. When that happens, not only are you facing sexual harassment, you may also have a claim for retaliation.

What to Do if You See the Signs of Sexual Harassment

If you are facing sexual harassment at work, there are a few things you can do to get results:

  1. File a formal complaint with your employer or HR department.
  2. Document every instance of harassment.
  3. File a complaint with your union representative.
  4. Request a transfer or reassignment.
  5. Talk to an employment discrimination attorney.

At Eisenberg & Baum, LLP, we have sexual discrimination attorneys ready to help you fight back against the signs of sexual harassment. We will meet with you and develop a strategy to get you back to a comfortable working environment. Whether your case requires negotiation, an EEOC complaint, or a federal lawsuit, we will be there every step of the way to help you fight back against your harassers. You don’t have to face it alone. Contact us today to schedule a free consultation.

EEOC Guidance: What Is Unlawful Retaliation Against Employees?

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If you are working in a hostile work environment, it can be hard to raise objections to the discrimination you experience. Many employees rightfully fear retaliation if they speak up against illegal policies or practices by their employers. This kind of retaliation is illegal. If you face unlawful retaliation at work, you need to know your rights under the law.

In this post, I will review the recent guidelines published by the Equal Employment Opportunity Commission (EEOC) against retaliation in the workplace. I will describe what counts as unlawful retaliation against employees. I will also explain what options are available if you face retaliation at work.

Equal Employment Opportunity Laws Prevent Retaliation

EEOCEach of the equal employment opportunity laws that the EEOC enforces include portions making retaliation and related conduct illegal. Retaliation is illegal under the:

  • Civil Rights Act of 1964
  • Age Discrimination and Employment Act (ADEA)
  • Americans with Disabilities Act (ADA)
  • Rehabilitation Act
  • Equal Pay Act (EPA)
  • Genetic Information Nondiscrimination Act (GINA)

Each statute includes its own provisions regarding retaliation. The ADA also protects against interference with an employee’s rights under that statute. In August 2016, the EEOC issued new “Enforcement Guidance on Retaliation and Related Issues.” It explains what retaliation is, who and what is protected, and what the consequences are to employers who don’t follow the law.

What is Unlawful Retaliation?

If your employer has taken an adverse employment action because you attempted to assert your rights under an equal employment law, you may have been the victim of retaliation. To file a retaliation claim, you and your employment discrimination attorney will need to demonstrate that:

  • You were engaged in a protected activity
  • Your boss took a materially adverse employment action
  • Retaliation caused the adverse action.

Who is Protected?

Retaliation is illegal no matter who your employer is. It applies to current employees, former employees (facing discrimination in their new jobs), and potential hires. It also protects against actions by an employment agency or labor union.

What is a Protected Activity?

Protected activities include lodging an internal complaint, filing a claim with the EEOC, requesting ADA accommodations, testifying in an EEOC matter, or participating in any other way with a civil rights complaint. You are also protected for opposing something you believe is discrimination. Even if you end up being wrong or the complaint is eventually unsuccessful, your participation is protected.

However, employees should beware that they cannot use a protected activity to cover up poor performance or wrongful conduct. If an employer’s reason to fire you was created before you filed your complaint, the EEOC won’t save you from the consequences of your actions.

What is a Materially Adverse Employment Action?

Retaliation includes any employment-related action serious that it might deter a reasonable person from engaging in a protected activity. In other words, if it is bad enough that you might think twice about filing a complaint or lodging a protest, it is a materially adverse employment action. This is a case-by-case issue, but it could include:

  • Firing
  • Failure to hire
  • Suspension
  • Passing over for promotion
  • Assigning harder work
  • Assigning less desirable hours
  • Changing a work schedule
  • Exclusion from company activities
  • Negative evaluations or warnings
  • Verbal or physical threats
  • Questioning legal work status of immigrants
  • Terminating union grievances

Even if you go ahead and do the protected activity, you may have a retaliation claim if your employer’s behavior was enough to reasonably make you think not to.

How to Prove Retaliation was a Motive

Often, an employer will say that it acted based on a non-retaliatory reason (like poor performance or lack of qualifications for a job). It is up to the targeted employee to provide evidence supporting the position that retaliation was the motive behind the adverse employment action. This could include:

  • Timing between the protected activity and the materially adverse action
  • Statements made demonstrating motive
  • Comparisons to others in similar situations
  • Credibility of the employer’s stated reason

Unlawful Retaliation Remedies

If you have been the victim of unlawful retaliation, an employment discrimination attorney can help you seek several kinds of relief:

  • Reinstatement
  • Back pay
  • Replacement pay (also called front pay)
  • Compensatory damages for money spent because of the retaliation
  • Punitive damages (against private employers)
  • Changes in corporate policy
  • Corporate training
  • Reporting & supervision by EEOC

Your attorney will discuss your goals with you to determine what kinds of relief will best allow you to move on with your life.

Get Help from an Employment Discrimination Attorney

If you are facing retaliation at work, it could leave you feeling like you are facing a giant. But you don’t have to face it alone. Our experienced employment discrimination attorneys at Eisenberg & Baum, LLP, can help fight back against workplace retaliation. We will review your case with you and discuss all of your options.Contact us today to schedule a free initial consultation and get your case started.

Female Lawyer Sues Chadbourne & Parke for Wage Discrimination

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When you think of wage discrimination, you may think of secretaries, teachers, or other traditionally female roles. But a recent lawsuit by female lawyer Kerrie L. Campbell against the law firm Chadbourne & Parke shows that wage discrimination can happen at any level, and in any industry.

In this blog post, I will review the law relating to wage discrimination based on gender. I will discuss the Campbell lawsuit against Chadbourne & Parke and explain how gender discrimination can happen even at the partner or management level.

Wage Discrimination & The Equal Pay Act

In 2015, women working full time jobs in the U.S.A. earned an average of 80% of the wages paid to men. This gap has shrunk considerably from the 60% they were earning in 1960, but a distinct wage gap still exists. When this happens within a particular business, the underpaid female employees may have the grounds for a lawsuit.

Gender discrimination is illegal under state and federal law. Title VII of the Civil Rights Act prohibits employers from considering sex or gender when it sets the pay or benefits of its employees. So if a company routinely pays its female staff less than its male employees, those women workers could have a claim before the EEOC or in federal court.

Similarly, the Equal Pay Act requires that men and women working in the same workplace be given equal pay for equal work. If two people’s job content (what they do) is substantially similar, their pay, overtime options, and benefits should be equivalent as well. Where inequality is found, the company is not allowed to lower one employee’s wages to match the other.

One big difference between wage discrimination claims under Title VII and the Equal Pay Act is the process to get relief. In most cases, gender discrimination claims must go through the Equal Employment Opportunity Commission (EEOC) before they head to federal court. The EEOC will assign an investigator and negotiate with the employee and employer to try to resolve the matter without a lawsuit. If the EEOC decides that there is evidence of discrimination it can issue a “right to sue” letter or take the case to court itself. All of this can take time, while an employee is stuck in an underpaying job. Under the Equal Pay Act, underpaid employees can take their cases directly to court, without going through the EEOC first.

Kerrie L. Campbell v. Chadbourne & Parke, LLP

On August 31, 2016, trial attorney Kerrie L. Campbell filed a wage discrimination complaint against Chadbourne & Parke, LLP, in the United States District Court for the Southern District of New York. The complaint claims that Campbell, a seasoned trial lawyer with a good reputation and years of experience, was being paid among the bottom ranks of male partners at the firm. The complaint describes her achievements at the firm, noting that she had generated revenue “consistent with the Firm’s top performing male Partners.” But her compensation was two to three times less than her male counterparts.

According to the complaint, hiring, firing, and wage decisions at Chadbourne & Parke are made by a 5-man (yes, all males) Management Committee. As outlined in the complaint, Campbell noticed that they tended to assign fewer compensation points (which translate into salary raises and bonuses) to women than men who generate similar revenue. The complaint alleges that when she brought her concerns to management, she was told her success in 2014 was a “fluke” and her litigation support was cut. According to Campbell’s complaint, the Management Committee decided in 2015 that she did not “fit” with the “strategic direction” of the firm. She alleges that in order to get her to leave quickly, the committee slashed her pay to less than a first-year associate.

Wage Discrimination in Big Law Firms

This isn’t the first time a female attorney has raised wage discrimination claims against a top law firm. Recently, Traci M. Ribeiro sued Sedgwick LLP, because she alleged that her wages “did not match [her] contributions to the firm.”

Women now make up 45% of law firm associates. But according to the American Bar Association, only 18% of Big Law partners are women, and they earn 80% of what their male counterparts earn. It will take courageous, high-profile women, like Kerrie Campbell, to combat this discriminatory status quo. By filing wage discrimination lawsuits, professional women (and men) can show that they deserve equal pay for equal work on every rung of the ladder to success.

Whether you are earning minimum wage or have the title Partner, wage discrimination can still happen to you. If you believe you are being compensated unfairly based on your sex, our gender discrimination attorneys at Eisenberg & Baum, LLP, can help. We will meet with you and plan a course through negotiations with your employer, the EEOC, or in court, to make sure you get the compensation you deserve. Contact us today to schedule a free consultation and get the process started to a fair wage.

Sexual Harassment of Teenagers at Work

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If you are a teenager facing sexual harassment by someone at work, you may not even know that what the person is doing is illegal. Teens and parents need to know what to look for, what to do, and who to talk to when sexual harassment happens at work.

In this blog post, I will explain how sexual harassment laws apply to teenagers at work. I will review the recent settlement, EEOC v. Hillcrest Marshall Inc. d/b/a/ Dunkin’ Donuts, and will explain how teens can fight back against sexual harassment in their jobs.

Sexual Harassment Isn’t Just Teasing – It’s Illegal

When teens enter the workforce, they often don’t know what is normal behavior for supervisors, coworkers, or even customers. When a job early in a person’s working life turns hostile, he or she may not even recognize that the behavior is a problem. Parents of employed teenagers need to make their kids’ safety a priority. Before your high schooler takes an after-school job, make sure they know that sexual harassment isn’t okay. It’s illegal.

The Equal Employment Opportunity Commission (EEOC) is a federal agency in charge of enforcing civil rights laws that make sexual harassment illegal. Sexual harassment can include sexual jokes, unwanted physical contact, or sexual imagery that happens at work. The harasser can be anyone you interact with on the job – your boss, your coworker, and even a customer.

Not every passing joke will be enough to call a sexual harassment attorney, though. In general, teasing, casual comments, or one-time incidents aren’t enough to be considered illegal under the federal law. When things get more serious, or happen more frequently, it’s time to get help from a lawyer. Also, if you say “no” to requests for sexual favors and it is held against you, that can be illegal too. The EEOC will look at whether an “adverse employment decision” has been made against you (like being fired or forced to work bad shifts), or if the pattern of behavior is bad enough to create a “hostile work environment.”

What Sexual Harassment Looks Like

Teens often have a hard time telling the difference between casual banter and sexual harassment. Here are some things you should watch for:

  • Requests to have sex including oral sex or any sexual touching
  • Unwanted physical contact (groping, spanking, pinching, or caressing)
  • Jokes about a person’s sexuality (or virginity) or sexual orientation (even if they are incorrect)
  • Requests that a person wear revealing clothing beyond the office dress code
  • “Compliments” about a person’s attractiveness

Dunkin’ Donuts Settles Sexual Harassment Lawsuit with Teenage Employees

It can be especially hard for parents to believe that these kinds of things still happen. But the EEOC investigates thousands of sexual discrimination and harassment claims every year. Many involve young workers, including teenagers.

In August 2016, the EEOC announced a settlement with Hillcrest Marshall Inc., the company that runs Dunkin’ Donuts, because a store manager sexually harassed teenage and young adult women working in his store. According to the EEOC complaint, the manager talked about his genitals, tried to kiss a 20 year old employee, and pressured her to have sex. She refused and as a result he hit her, swore at her, and yelled at her. When she reported his behavior to the police, she was fired in retaliation for resisting his sexual advances.

The EEOC and Hillcrest Marshall agreed to a settlement. Over the next 3 years, the courts will make sure Dunkin’ Donuts never hires that manager again. The company will also train all its store managers about sexual harassment and will create an anti-discrimination policy and complaint procedure so that concerns can be taken to a senior manager outside the store. The teenagers and young women who suffered the harassment will also receive $150,000.00 in damages.

What Teenagers Should Do If They Face Sexual Harassment

If you are a teen and you see sexual harassment happening to you or someone else at work, the first thing you should do is object. Remember, it only counts as sexual harassment if it is unwanted. So if you see something, say something. Tell your boss that you don’t want to make that kind of jokes anymore. And by all means, never feel like you need to say yes to sexual advances just to keep your job.

You should also tell your parents about it, even if you aren’t sure whether the behavior is serious enough to count as sexual harassment. Your mom or dad can help you gain perspective on what happened, decide your next steps, and figure out how to report the bad behavior at work.

Next, report it. Many workplaces have non-discrimination policies that protect you if you file a complaint. If the person doing the harassment is a superior, go above that person’s head and complain to his or her boss. Remember, sexual harassment isn’t just uncomfortable, it’s illegal, so reporting it is the right thing to do.

Retaliation is Real, and It’s Illegal Too

Sometimes, when a manager or supervisor learns that you reported sexual harassment, he or she will try to make your life harder. Your boss might change your hours, give you short notice of your shifts, cut your hours, or even fire you. Don’t worry. The same law that protects you against sexual harassment also makes retaliation for complaints illegal. If that happens, a lawyer may be able to help you get your job back and make sure you are treated with respect.

When Teens and Parents Should Hire a Sexual Harassment Attorney

If your employer refuses to make changes at the workplace, it’s time to get a lawyer involved. The sexual harassment attorneys at Eisenberg & Baum, LLP, will meet with you and your parents to discuss your options. Depending on what happened to you they might recommend talking to your employer (this is called negotiating), filing a complaint with the EEOC, or going directly to court. No matter which route you take, our legal team will be there with you until the case is closed. It starts with a free consultation. If you have been the victim of sexual harassment contact us online to schedule a meeting.

Racist Jokes at Work: When Is It Discrimination?

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When racist jokes fly in the workplace it can make every shift uncomfortable. When does racial harassment cross the line into discrimination? Is there anything you can do to stop the jokes?

In this blog post, I will discuss the federal laws against racial discrimination. I will explain what it takes to form a racial harassment claim, and will give some examples of when racist jokes create a hostile workplace.

Racist Jokes and Racial Harassment

Racial harassment is unwelcome verbal or physical conduct based on or happening because of your race or national origin. Racial jokes are one form of racial harassment, as is stereotyping. Just like sexual harassment, racial harassment can be illegal under Title VII of the Civil Rights Act of 1964 if it results in an adverse employment decision (like firing, wages, or shift assignments), or if it is severe or frequent enough to create a “hostile work environment.”

Racial slurs, physical threats, and racial jokes have all been held to create a hostile work environment, but it depends on the circumstances, and how the management responds to complaints. Here are a few examples of when racist “jokes” amounted to discrimination.

Physical Racial Jokes Cross the Line Quickly

When racial jokes include physical elements, they can quickly turn into discrimination. When coworkers hung a noose in a black employee’s work area, that was severe enough to count as discrimination. EEOC v. A.C. Widenhouse Inc., No. 1:11-cv-498 (M.D.N.C. verdict filed Jan. 28, 2013). In another case, graffiti including racial slurs was painted on a minority worker’s truck. That too, counted as discrimination. EEOC v. Yellow Transp. Inc., No. 09 CV 7693 (N.D. Ill. preliminary approval granted June 28, 2012).

Casual Working Environments Often Require Notice

If you work in an office or shop where everyone uses foul language, and where racial slurs are part of the atmosphere, you will need to take an extra step to protect your rights. By putting your coworkers on notice that race-based humor offends you, you can protect yourself and lay the groundwork for a racial discrimination case.

Supervisor’s Comments Held to Higher Standard

If the racist jokes are made by a supervisor, boss, or manager, it may take less to meet the requirements for racial discrimination. That is because a supervisor’s words carry greater weight and have more effect on the workplace than a person’s coworkers. When a supervisor used racial epithets about the intelligence and behavior of African American employees, the court said it was discrimination. EEOC v. AA Foundries Inc., No. 11-792 (W.D. Tex. judgment and injunction entered Oct. 9, 2012)

What To Do if Racial Jokes Make Your Workplace Hostile

If you feel like you are the butt of racial jokes in your workplace, there are a few things you should do.

Complain to Management

One of the best ways to demonstrate that racial jokes are unwanted is to complain to the management. Your supervisors are legally required to take steps to end racial harassment in the workplace, but only if they know about it. You may be speaking for coworkers who aren’t able to object themselves. If no one objects, you may all have to continue to endure a hostile working environment.

Do Not Engage

Most racial discrimination cases aren’t one-time events. Often, courts require a pattern of behavior before racial jokes cross the line. That can put employees in the uncomfortable position of enduring racial commentary while waiting for the management to respond. It can be tempting to play along or return verbal punches. But doing so can destroy a person’s racial discrimination case. By trading jabs with your harasser, you make it seem like the comments are welcome, or not offensive. Do not engage! Instead, walk away or reiterate your complaints.

Document Everything

Documentation is the key to proving a racial discrimination case. Every time you complain to management or your union representative do it in writing (including email). Keep a copy for yourself. You can also start a journal, which will help you record day by day what racial jokes were used, who used them, and what happened because of them.

Talk to a Racial Discrimination Attorney

If your complaints go unheard, it’s time to get a professional involved. By talking to an experienced racial discrimination attorney early in the process, you can preserve your rights and improve your chances of changing the nature of your working environment.

At Eisenberg & Baum, our racial discrimination attorneys can help you negotiate with your employers, file Equal Employment Opportunity Commission (EEOC) complaints, and even go to court to protect your rights. We will fight to end racial harassment in your office. Don’t wait until the discrimination goes “too far.” Contact us today for a free consultation and start on the path to a racially sensitive workplace.