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Rhode Island Employment Law Blog

How can you prove promotion discrimination?

On behalf of Formisano & Company on Tuesday, August 13, 2019.

When your employer does not choose you for a promotion, it can be disheartening and discouraging. It is even worse when it is a discriminatory choice. The Equal Employment Opportunity Commission states that it is unlawful for an employer to make promotion decisions because of race, religion, sex, disability, national origin or genetic information. 

If you are a victim of promotion discrimination, you may be able to file a lawsuit against your employer. Here are some pieces of evidence that are helpful in these cases. 

Steps to take when facing workplace sexual harassment

On behalf of Formisano & Company on Friday, May 17, 2019.

If you experience sexual harassment at your job, you do not need to put up with it. Sexual harassment is unlawful behavior. There are laws that protect you from sexual harassment in the workplace, including Title VII of the 1964 Civil Rights Act. Rhode Island even has its own protection for workers that requires employers to enact a sexual harassment policy.

You have the full right to confront sexual harassment. There is no reason to simply tolerate harassment and be quiet about it. Here are some of your options for dealing with inappropriate conduct at your job.

Hourly v. Salary Pay

By V. Edward Formisano of Formisano & Company on Wednesday, March 20, 2019.

When accepting a job offer, or even a promotion, you need to understand the differences between being compensated on an hourly versus on a salary basis. Both payment methods offer their own individual benefits to an employee and have their own advantages and disadvantages depending on the employee's circumstances.

Are you concerned about over-40 severance agreement terms?

On behalf of Formisano & Company on Wednesday, February 13, 2019.

Perhaps you are 45 years old, and you are leaving a company where you worked as a member of senior management.

Your employer must draft the severance agreement properly, and there are special requirements for employees like you who are age 40 and older. Do you have questions about terms and the validity of the agreement overall?

Government Shutdown - The Effect on Federal Employees

By V. Edward Formisano of Formisano & Company on Friday, January 25, 2019.

The partial government shutdown, which started on December 22, 2018, has had many effects on federal employees. According to CBS News, as a result of the government shutdown, approximately 380,000 federal employees have been furloughed - a temporary leave of absence without pay. The Senate Appropriations Committee estimates that the estimated 380,000 furloughed employees include about 86% of Department of Commerce employees, roughly 96% of NASA employees, about 52,000 IRS workers and approximately 95% of Housing and Urban Development employees.

Have you been passed over for a promotion due to your faith?

On behalf of Formisano & Company on Monday, November 19, 2018.

Let us say you have been working as a receptionist for a well-established marketing communications firm here in Rhode Island. You qualify for a promotion to office manager, but a less-experienced woman got the job. You believe you were passed over because of your religion. What should you do? 

Why this happened

Third-Party Sexual Harassment

By V. Edward Formisano of Formisano & Company on Wednesday, November 14, 2018.

Third-Party Sexual Harassment

It is most common for sexual harassment in the workplace to stem from employer-employee interactions. However, sexual harassment, in an employment context, is not limited to sexual harassment between employees. Third-party sexual harassment may be caused by an "outsider" (e.g., customers, vendors, independent contractors, security guards, maintenance and repair personnel, and/or caterers).

According to The New York Times article, "The Tipping Equation," third-party sexual harassment is extremely prevalent in situations where employees rely on customer gratuities. The article explains the difficulties faced by tipped employees in reporting third-party sexual harassment because they depend on customer gratuities for a majority of their wages.

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