A federal district judge has denied the NY Post and its Chief Editor summary judgment in an employment discrimination case that alleges sex, race, and national origin discrimination.
Former Associate Editor Sandra Guzman filed the discrimination case alleging numerous incidents of a hostile work environment existing for women, people of color, and national origin, including:
• Sexually charged newsroom conversations
• Being sung the song, “I want to live in America” as a put-down
• Being asked if she used candles in her office for Santeria or Voodoo
• Being rebuffed for her concerns over a cartoon published by the Post which Guzman believed to be racist
• Another employee’s reference to his female staff as a harem
The denial of the summary judgment means that the parties will go to trial in January 2014.
Discrimination and employment
Under Title VII of the Civil Rights Act of 1964 employers and their employees are prohibited from employment discrimination based on race, color, religion, sex, or national origin. Further, additional laws prohibit employers from discriminating against employees based on:
• Age
• Disability
• Pregnancy
If an employee files discrimination charges against your company and wins, you may be required to provide relief to that employee. Such relief or remedies may include:
• Back pay/Front pay
• Hiring
• Promotion
• Reinstatement
• Reasonable accommodation
• Attorney’s fees
• Expert witness fees
• Court costs
Further, under most Equal Employment Opportunity (EEO)-enforced laws, you may be required to pay compensatory and punitive damages where intentional discrimination is found, including:
• Actual monetary losses
• Future monetary losses
• Mental anguish
• Punitive damages
Protect your company from employment discrimination cases
To avoid employment discrimination lawsuits an employer needs to have policies in place that clearly prohibit discrimination and procedures that quickly respond to and handle such situations. An NY employment defense attorney can help you determine if your policies and procedures are in compliance with existing discrimination laws and are effective in protecting you against litigation. To discuss your employment law matter, contact us online or call 718-275-6700 to schedule a consultation today