Hello Not So Legal’ers! I did a video post about this but had to follow up….growing up in Dallas, I went to Walmart. Why did I go to Walmart you might ask? I don’t really recall but I vaguely remember the florescent lights and the many sections of weird shoes that no one wants to buy.
Aside from the florescent lights, apparently Walmart likes to discriminate against women (allegedly). Five women brought a lawsuit against Walmart and thousands more joined in as they all allege sexual discrimination. One supervisor told one of the plaintiff’s that she should get “dolled up” when she went to ask for a raise. Walmart is standing by their claim that they give equal opportunities to everyone and always help women advance in their careers. The joy of this case is that the reason why it may actually even go anywhere is because SO many women came forward to join the class so the lawsuit could be filed.
The Supreme Court is going to hear the case to decide whether these group of women will classify as a “class” for the purpose of filing a class action lawsuit. Walmart claims they are missing the “commonality” element, which means that the group of women suing do not have enough in common to be considered a class for the purposes of the filing. I am fairly certain they all probably have some story that would be around the idea that someone told them to get “dolled up” for an interview.
Cases like these can really create a difference in the workplace and differences for the better. I had a supervisor once ask me if I thought the real reason men met took meetings with me was because they wanted to date me. Another one once asked why I didn’t wear more skirts. Random sexual questions don’t just happen at Walmart, it happens everywhere. I am glad these women had the courage to speak up! For all the men out there, would love to hear of when women have been treating you inappropriately at the workplace. Curious to see how many stories we can hear about that!
Always remember to honor your power and stay tuned for the next posting .
A reporter was fired from her news reporting job because her employer found out she was a stripper on the side. How did her employer find out that Sarah Tressler, the stripper, was in fact a stripper? I guess everyone has a blog these days as Sara had a blog where she disclosed that she was a high society reporter by day and stripper by night. I am going to check out her blog by the way.
Anyway, her employer contends she didn’t disclose she was a stripper in her employment application so that is why she was fired. Her attorney, Gloria Allred, maintains that strippers are mainly female so if she was fired because of being a stripper, that would have an adverse effect on women and woman are a protected class when it comes to sexual discrimination, therefore she was discriminated against when she was fired. Not sure I think it is a strong enough argument nor am I following the argument. What is the adverse effect on women? The next argument Allred makes is that Sara was an independent contractor, not an employee of the the strip club so technically one could argue she had no obligation to list the job on her employment application. Don’t follow that one either as when someone asks your job history, usually people put any kind of job — employee or independent contractor. I would say that stripping kind of fits into that category of things that are probably not the most optimal for a job description and I am pretty sure that is the reason that is why she left it out. Soooo, what do we think? What if her side job was at Starbucks and she didn’t disclose it — do you think she would have been fired for that too?
I don’t condone stripping. I think there are other ways to make money. However, I am not sure I agree that she should be fired. An employer has a right to decide who they want working for them and what kind of behavior is acceptable but what someone does on their own time should be up to them so long as it doesn’t interfere with their job. The high society thing and disclosing it on a blog was probably not the brightest idea. Too bad she isn’t reporting on sports or maybe on the automotive section of the newspaper. Probably would not have been as many issues there.
I love watching The Bachelor. I haven’t watched every season but I still do love it. However, in 23 seasons of the show, there has never been a “bachelor” or “bachelorette” of color. I never consciously thought about that but there is a lawsuit being filed by two gentlemen for that very reason. They are not employees of the show but rather two regular African American men who decided to file the lawsuit against the show. They can’t file a discrimination case because they are not employees so my understanding is that the case is based on civil rights violations. The lawsuit alleges that the show “deliberately excludes persons of color”, among other things. The production company says the lawsuit lacks merit but….seriously??? 23 seasons and not one person of color? The key is begin able to prove the intention of discrimination but I do believe a jury could infer such discrimination….if the case goes that far. We all know this one will settle. I think it brings to light an important issue and even if reality shows are stupid, they certainly should offer equal opportunity to all.
There are many different issues when it comes to discussing the Arizona immigration law. However, what comes to mind is the fact that regardless of whether the state law conflicts with the federal law, there is a social side of this issue that I think is worth exploring. I know everyone is getting so offended by the idea that someone could get pulled over by the police and asked for their “papers”. However, is it really such a bad thing? If you have the right documentation, why is it so bad to be asked to show it when there are people out there that don’t have the right documentation and get away with it?
I do not believe in racial profiling and realize that there is an obvious fundamental question as to set some kind of standard to decide who should be questioned and who shouldn’t. However, I just think that if you actually have the right documentation that it shouldn’t be a problem if you are asked to show it. If I got pulled over tomorrow because someone wanted to make sure that I have my driver’s license, then so be it. It is a form of documentation to show that I am legally allowed to drive. Why should this be any different? I know we have a long way to go in terms of improving the immigration issue but don’t think there is anything wrong in asking someone to show some documentation.
No, I am not talking about the beer. Les Schwab Tire Centers is paying 2 million dollars to those involved in the gender discrimination class action lawsuit filed against the tire store. In a nutshell, apparently there are a lot of women out there who are dying to change a tire and Les Schwab, a tire store I have never heard of, apparently doesn’t think women are fit to change a tire.
Now, while I applaud the woman who stood up for themselves, I am just curious how many women out there have found themselves wanting to actually work at a tire store. It is interesting that some plaintiff’s attorney found a way to find the right people to get this lawsuit filed and god only knows how long the whole process took. In any event, it is good to know the doors have been opened for all of those tire changers out there.
I received an interesting email from someone asking me to address an issue that often finds itself in the workplace. What happens when you are passed on being promoted within a company and the job is given to someone that you feel doesn’t have the appropriate skill set and received the promotion based on “connections” with upper management? My first inclination is to say I’m sorry because that is never a pleasant situation in the first place. However, time to put on the legal thinking cap to see if there is anything that can be done about it.
The first word that comes to mind is discrimination. Is there discrimination in this situation? Employers have a right to promote within a company but if there is actual discrimination in the way the person was chosen, there might be a claim there. The Federal Equal Employment Opportunity Laws (http://www.eeoc.gov/abouteeo/overview_laws.html) describe the different laws that are in place to protect against discrimination in the workplace. These laws are increasingly growing and changing as clearly there is a need for employees to be protected these days. However, I know there are certain people who take the position that if you don’t get what you want, tough luck — just simply go out and get a new job. I find that mentality is in the minority as most people first think of how to get back at the employer rather than being proactive and looking for a new (and perhaps even better) job.
If there was an intentional act of discrimination on the employer’s part (ie: there is proof that the job was given to someone else because of a race or gender issue), then certainly you should explore all of your rights. In most states before you file a civil claim, you must first file a claim with the Equal Employment Opportunity Commission. Most states have local agencies called “Fair Employment Practice Agencies” that regulate anti-discrimination laws. Be sure to check your local state listing for this information but some helpful tips on filing a claim can be found here: http://www.eeoc.gov/charge/overview_charge_filing.html. Further, if you have an employment agreement where it was agreed that you would be promoted at a certain time, I would recommend taking a closer look at your agreement to see whether you have a breach of contract action.
Ultimately what you really have to decide is how much time and effort you want to spend fighting a battle against your employer. It is easy to understand the anger and frustration that might come along in this situation. However, getting angry only affects you and certainly not your employer. They don’t care; they have already made the decision regarding the promotion. I am a firm believer that everyone has a right to stand up for themselves, along with being able to work in an environment where they can grow, succeed and be encouraged to do their best. Don’t ever feel as if you have to stay “stuck” in a job. If someone at your company is getting promoted based on “connections” but that person can’t do the job, ultimately it is “too bad, so sad” for the employer. The key is even if you decide to file a claim, hopefully you have already made the decision to leave and are on a better path anyway.
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Let's make the law entertaining, shall we? 
