Formisano & CompanyFormisano & Company2024-02-29T05:43:46Zhttps://www.formisanoandcompany.com/feed/atom/WordPress/wp-content/uploads/sites/1303544/2020/10/cropped-site-icon-32x32.jpgOn Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554212024-02-26T05:44:00Z2024-02-29T05:43:46ZFederal protections against age discrimination
The Age Discrimination in Employment Act (ADEA) is a federal law that aims to protect employees and job applicants who are 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions, and privileges of employment.
Key elements of the ADEA include:
Prohibiting mandatory retirement in most sectors
Restricting age-based preferences in job advertisements and recruitment
Requiring that benefits and retirement plans offer equal benefits to older employees
It is also important to note that the law does not allow employers to set arbitrary age limits. Limitations should be based on ability, not age.
Local protections that apply in cases of age discrimination
In addition to federal laws, Rhode Island has its own set of regulations that reinforce protections against age discrimination in the workplace. The Rhode Island Fair Employment Practices Act prohibits age discrimination and covers a broader range of employers than the ADEA. State law also aligns with federal guidelines to provide a cohesive framework for addressing age-related workplace discrimination.
Common examples of age discrimination, and tips to fight back
Employees can benefit from knowing examples of age discrimination. Here are some common scenarios that could potentially reflect age discrimination:
Exclusion from training and advancement opportunities;
Older employees not offered the same development opportunities as younger colleagues;
A pattern of promoting only younger employees despite older employees' qualifications;
Disparities in layoffs and terminations;
Older employees disproportionately targeted during reductions in workforce; and
Management citing performance issues for older employees without proper documentation or justification.
Recognizing these patterns can help employees identify when their rights may be infringed upon.
Age discrimination is not only unethical — it's illegal. Employees who suspect they are victims of such practices should document their experiences. Federal and Rhode Island state laws provide avenues for recourse and protection. Awareness and action are vital for maintaining a fair and respectful workplace where experience is valued, and age-related bias has no place.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554192024-02-23T05:16:08Z2024-02-28T05:15:49Z"glass ceiling" refers to an invisible but pervasive barrier that prevents certain groups, particularly women and minorities, from ascending to higher positions within a company, regardless of their qualifications or achievements. This barrier is often rooted in systemic discrimination, biases and stereotypes that limit opportunities for career advancement.
Factors contributing to the glass ceiling
The glass ceiling concept gained prominence in the late 20th century as women and minorities began to challenge traditional gender and racial norms in the workplace. Despite advancements in diversity and inclusion efforts, the glass ceiling remains a prevalent issue across various industries and sectors. Key characteristics of this phenomenon in the workplace can include:
Invisibility: Unlike traditional barriers, such as physical obstacles or explicit policies, the glass ceiling is subtle and difficult to identify
Persistent inequality: Despite advancements in gender and racial equality, disparities in leadership positions persist, indicating the presence of a glass ceiling
Impact on career progression: Individuals affected by the glass ceiling often find themselves stagnating in their careers, unable to ascend to higher-level roles despite their qualifications and efforts
Glass ceiling effects are often reflected in wage disparities between genders and racial groups. Women and minorities tend to earn less than their male or white counterparts, even when performing similar roles with comparable levels of experience and education.
Experiencing a glass ceiling in employment is not just a personal challenge; it's a systemic concern affecting individuals, organizations and society. By understanding the root causes of the glass ceiling and implementing proactive strategies to address them, employees can advocate for more equitable and inclusive workplaces where everyone has equal opportunity to thrive.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554182024-02-13T05:12:49Z2024-02-16T05:12:36ZWomen make up about half the workforce in this country, but they still face problems with sexual harassment on the job – especially in male-dominated industries.
When they finally rise through the ranks in an organization and get into leadership roles, many women assume that they will no longer have to worry about sexual harassment – but they’re wrong. It may come as a shock, but women in leadership roles are between 30% and 100% more likely to be sexually harassed than their subordinates.
What makes women executives and leaders vulnerable?
It’s sometimes referred to as the “paradox of power.” On one hand, women are increasingly moving into leadership roles – but that seems to open them up to more verbal and physical abuse from male subordinates.The theory is that it’s a type of backlash against women in positions of authority from male subordinates who feel threatened or who dislike the changes in the overall “status quo.” Sexual harassment is a way for some people to try to reassert the traditional power structure.Stereotypes about women in power may also play into the issue. Some people may buy into the idea that any woman who makes it through the glass ceiling in a company must have gotten her position by “sleeping around.” They may feel like that gives them tacit permission to treat the woman in question with disrespect and inappropriate behavior.Finally, there’s a sense of isolation at the top of any corporate ladder. Women in leadership roles often fear being seen as weak if they can’t “handle” an issue like sexual harassment on their own. This creates a culture of silence that lets harassers act with impunity.If you’re a woman who has experienced sexual harassment in the workplace, you have the right to fight back. Learning more on the topic can help you decide where to start.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554152024-02-07T05:49:32Z2024-02-12T05:49:19ZAI only makes objective decisions
One of the key limitations of an AI program is that it isn't good at subjective thinking. For example, let's say an employer uses employment history as a filter when analyzing applications. That employer may tell the AI program to filter out applications of those who have significant gaps in their employment history. However, if someone has just given birth, that might explain why that applicant has been out of work for several months. Of course, the AI program won't know that and will simply disregard that applicant in spite of state or federal laws.
Software learns more about you
It's possible for AI programs to gain more information about you than you think. For instance, they may be able to learn more about your browsing habits or the pages that you interact with on social media sites. Ultimately, this can be used to infer that you are pregnant, which could result in a company overlooking your resume.
Proving pregnancy discrimination
It's not always obvious when a company engages in discriminatory behavior. However, you may be able to obtain employment records or use comments made during the hiring process as a basis for your claims. If you are terminated from your current position while on leave or just after coming back, that may also be perceived as discrimination against a candidate.
If you believe that you have lost a job because of workplace discrimination, you can file a claim with the Equal Employment Opportunity Commission (EEOC). Assuming the claim is substantiated, the EEOC will file a lawsuit or authorize you to file on your own.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554132024-02-05T07:03:24Z2024-02-08T07:03:10Zfederal and state laws protecting them from discrimination. The following are some of the most common ways that employers in Rhode Island discriminate against pregnant women.
Refusing to provide reasonable accommodations
As previously mentioned, pregnancy often comes with a host of complications that can limit what job functions a woman performs. Most employers can work around those limitations and help keep a woman on the job for as long as possible. Sadly, some companies choose not to do so. They may refuse to let a woman work from home or change her job functions during pregnancy. Refusing to provide reasonable support for a pregnant worker is a type of discrimination.
Choosing not to hire or promote pregnant workers
Successful career women often find that their employers treat them differently once they announce their pregnancies. Pregnant workers may have a harder time securing new jobs and advancement opportunities. Companies should not consider a woman's medical condition, including pregnancy, when making decisions about who to hire, fire or promote.
Punishing new mothers for taking leave
Some companies are more generous than others. They offer paid maternity leave. A woman could potentially take several weeks or even several months away from her job without suffering any major financial setbacks. Other companies do not offer any form of paid leave. However, if they are large enough, then the Family and Medical Leave Act (FMLA) may apply. The FMLA grants employees up to 12 weeks of unpaid leave both for personal medical challenges or for the birth of a child.
Companies should allow a woman to take leave after the birth of her child and should not penalize her when she returns to her job. She should be able to return to the same position or a similar one with the same pay. Some companies find excuses to fire women while on unpaid leave or shortly after they return to work. Others might demote a woman who takes FMLA leave after the birth of a child.
These types of discrimination can lead to major career and financial setbacks when a woman is often responsible for far more expenses than she previously had to manage. Filing an internal complaint or a lawsuit could be an appropriate response to workplace pregnancy discrimination in Rhode Island.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554122024-01-30T07:18:56Z2024-02-02T07:18:40ZIf you are a woman or man who is being sexually harassed at work, you know how degrading and harmful it is to your self-esteem and mental health. At some point, you must either decide to accept it, quit or fight back.
There is no right or wrong answer for your choice. Some people don’t have the economic luxury to quit a job that’s sustaining their family. But for those who are ready to take action against sexual harassment in the workplace, it is important to stay within the limits of Rhode Island law. Below is something to consider.
Can I record conversations between me and my sexual harasser?
You need to gather evidence of any acts of sexual harassment at work. But that, too, can be challenging. Not all sexual harassment is obvious to others. But what if your harasser leaves you lewd messages or discusses your anatomy over the phone? What can you do with that?Rhode Island is a one-party consent state regarding conversations. In plain language, it means that as long as one of the persons involved in the conversation consents to it being recorded, it is legal. Since that party can be you, make sure that you gather all the recorded evidence of sexual harassment that you can.
What should you do next?
Ideally, your evidence-gathering is already being guided by someone with extensive knowledge of Rhode Island’s employment laws. Proving sexual harassment can be challenging — and it can be quite traumatic to have to relive some of the worst moments. But by assembling a support team around you, you can hold your workplace harasser liable for their illegal actions.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554102024-01-17T09:16:02Z2024-01-22T09:15:26ZDespite all the gains that have been made with equality in the workforce, workplace sexual harassment is still a big problem.
Approximately 38% of women and 14% of men report that they’ve personally experienced sexual harassment at work – and women in some industries experience it at a rate above 90%. Aside from the career damage that sexual harassment can do, it’s also something that can have lasting consequences for the mental health of victims.
Anxiety and hyper-vigilance: People who have experienced sexual harassment at work often grapple with heightened anxiety and a persistent state of hyper-vigilance. The fear of encountering the harasser or similar situations can lead to a constant state of alertness and unease.
Depression and isolation: Sexual harassment can shatter someone’s sense of safety and trust in their workplace. This breach of trust can contribute to feelings of isolation, despair and depression as the victim may withdraw from colleagues and social interactions.
Guilt and shame: Victims of sexual harassment may wrongly internalize the blame for the perpetrator's actions, experiencing profound feelings of guilt and shame. This self-blame can intensify their emotional distress.
Post-traumatic stress disorder (PTSD): The trauma induced by sexual harassment can lead to symptoms associated with PTSD. Individuals may grapple with flashbacks, nightmares and emotional distress triggered by the abuse.
Impaired self-esteem and self-worth: Sexual harassment often targets an individual's sense of identity. The constant belittlement and objectification can erode self-esteem, leaving lasting emotional scars.
If you’ve been the victim of workplace sexual harassment, learning more about your legal options may help.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554082024-01-09T08:48:38Z2024-01-12T08:47:52ZDigital communications can be powerful
Text messages, emails or other digital conversations can serve as powerful proof that your manager engaged in discrimination. For instance, a text message may contain language implying or implicitly stating that you are going to be fired because of your race, gender or age. Social media posts or other online chatter may also be used as evidence in court even if those posts weren't directed toward you in particular.
Performance reviews may be used against your employer
A company may try to justify terminating or demoting an employee because of poor performance as opposed to any type of workplace discrimination. However, a court will typically be skeptical of a poor performance review given just days or weeks before you were terminated. They may be even more skeptical if you had a series of glowing reviews prior to the poor report.
Point to patterns in personnel decisions
It may be possible to prove that you were discriminated against by using other cases involving others with similar characteristics. For instance, if you allege that you were terminated because of your age, a court may place weight on a report showing that the company had few workers over the age of 50. If you were a woman, you may bolster a gender discrimination claim by pointing to the fact that females were rarely given raises or promotions despite their performance.
If your discrimination claim is successful, you may be entitled to compensation for back pay, value of benefits lost or other damages. Prior to filing a lawsuit, it may be possible to resolve the matter by talking with your supervisor or filing a charge with the EEOC.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554062024-01-02T06:47:29Z2024-01-05T06:46:54ZDecisions made by the United States Supreme Court are usually the final word on legal matters. And, it’s not easy for someone to make their case heard. Out of 7,000 requests yearly, the justices only review approximately 100-150.
In December 2023, they listened to arguments on a case that impacts every employee dealing with discrimination in the workplace.
Muldrow vs. the City of St. Louis, MO
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion. Jatonya Clayborn Muldrow claims the city of St. Louis, MO, violated that law when they transferred her to a different job with the same pay and title but less prestige and overtime opportunities. She stated that the transfer decision was based on her sex.The United States District Court for the Eastern District of Missouri ruled in favor of her employer based on her inability to establish that she had suffered any harm or economic damages due to the transfer. The U.S. Court of Appeals for the Eight Circuit agreed with the ruling.Representatives for Muldrow presented their oral arguments to the Supreme Court on December 6, 2023. While the final decision is pending, the justices seemed to side with the employee. The common theme was that any discrimination is bad and violates the law; therefore, there should be no inquiry into how bad the treatment was.A Supreme Court ruling in favor of Muldrow could change the interpretation of what constitutes employment discrimination until Title VII. It will protect against discriminatory transfer decisions, even if the position has the same pay and title. However, a ruling in favor of the City of St. Louis may make it more difficult for employees to prove discrimination if they weren’t harmed economically by a lateral transfer.]]>On Behalf of Formisano & Companyhttps://www.formisanoandcompany.com/?p=2554042023-12-18T06:22:59Z2023-12-21T19:08:28ZMost people know that sexual harassment at work is illegal. They often don’t realize that sexual harassment of fellow employees (whether subordinates, superiors or colleagues) is prohibited no matter where it occurs.
This time of year, unfortunately, sexual harassment and even assault are all too common at company holiday parties. That’s particularly true at off-site parties where people feel more relaxed and alcohol is usually being served or at least readily available. Many companies, mostly out of fear of liability for drunk driving crashes and sexual harassment and assault claims, no longer provide free alcohol at these events. Some go further and keep the festivities in the workplace or no longer have them at all.
Employers’ obligations to their employees
If your employer is having a holiday party at a restaurant or other off-site venue, it’s important to know that they have a responsibility to keep their employees safe and free from harassment. They should send out a reminder to all employees that the zero-tolerance policy for sexual harassment applies to this and other gatherings. Moreover, managers and executives should lead by example. If people see their bosses getting drunk and behaving inappropriately, they’re more likely to do the same.
What should you do if this happened to you?
Employees should also know that if they suffer sexual harassment or other behavior at a party or any off-site work event that wouldn’t be allowed in the workplace, like racist or other discriminatory language, they can and should report it without fear of retaliation. If you’ve been sexually harassed or assaulted during a company holiday party, report it to the human resources department and/or your manager as soon as possible. Depending on what happened, it may warrant going to the police.Too many people are afraid that if they were drinking or making small talk with someone, they’ll be told it was their fault. However, that’s no excuse for someone else’s inappropriate actions.Your employer has a duty to investigate the matter and take appropriate action against the perpetrator. If they don’t do that or if you face retaliation for reporting the harassment or assault, get legal guidance to determine what other options are available.]]>