Thread regarding State Farm Insurance layoffs

Hold them accountable - file EEOC if you have age discrimination situation

Congress passes the Age Discrimination in Employment Act of 1967 (ADEA) protecting individuals who are between 40 and 65 years of age from discrimination in employment. The Department of Labor has enforcement responsibility.

EEOC - a bit of history

“Where EEOC was unsuccessful in conciliating the complaints, the statute provided only that individuals could bring private lawsuits, and where EEOC found evidence of "patterns or practices" of discrimination, EEOC could then refer such matters to the Department of Justice for litigation.

As will be seen, the decades since 1964 have seen a steady, growing emergence of EEOC as the lead enforcement agency in the area of workplace discrimination, as Congress intended. Over the four decades that EEOC has existed, it has become a respected advocate for the communities it was created principally to serve. Those communities include all peoples of the nation because discrimination can occur to anyone of any race, color, religion, national origin, age, disability, and of either s-x. EEOC recognizes that as an agency of the government, it has a role of fairness not only to those protected classes whose forebears helped forge the alliances that resulted in the passage of civil rights legislation, but also to the employers and unions that are subject to EEOC jurisdiction.

EEOC has worked tirelessly to eliminate discrimination from America's workplaces since its creation. The hard work, idealism, and commitment of EEOC employees has been instrumental in widening the doors of employment opportunity for all Americans and helping to create a standard of living for this nation's diverse citizenry that is the envy of the world. But challenges still abound. In far too many workplaces, old ways die hard. Discrimination, while often boldly evident, persists now in subtle forms as well. The need for an agency like EEOC is as evident today as before 1964. This is the unfortunate but true state of affairs as the nation enters the new Millennium.”

In Reeves v. Sanderson Plumbing Products, Inc., the Supreme Court rules that the plaintiffs can win in an employment discrimination case if they show that the employer's reason for a challenged action is pretextual (not true). The plaintiff does not have to prove that discrimination was the real reason -- it can be inferred from the facts. The unanimous Court states, "It is permissible for the trier of fact to infer the ultimate fact of discrimination from the falsity of the employer's explanation."

Excerpted from EEOC web site

FYI and food for thought

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| 1741 views | | 4 replies (last April 22, 2018) | Reply
Post ID: @OP+SOZk3pL

4 replies (most recent on top)

We have to call it out, it’s not ok

Each person needs file their own EEOC complaint

It starts with filing for an appointment

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Post ID: @ias+SOZk3pL

So who is going to be the brave one that starts this against the farm? Better have the best of the best legal team to go up against them. Definitely warranted and should be done, just need someone to take the first step.

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Post ID: @bvr+SOZk3pL

Some things to think about

“So how do you complain about your hostile work environment in a way that is legally protected against retaliation? Workplace bullies are like playground bullies: they tend to pick on the weak and the different. Many times, they choose you because of a legally protected category. When you report them, make sure you identify the hostile environment in a way that protects you against retaliation. Report it in writing so HR can’t deny you took legally protected action. Here are some examples:

Discrimination because you’re different: Discrimination against you because the bully doesn’t like you isn’t illegal. But discrimination because of race, age, s-x, religion, s-xual orientation or national origin is illegal. If you realize that the bully is targeting only people of a certain race, as an example, call your complaint a Formal Complaint of Racial Harassment and give details about how those of a different race are being treated better, and how people of your race are being singled out for negative comments or bad treatment.

Discrimination because you’re weak: Maybe you’re being targeted because of a disability, age, having taken Family and Medical Leave, association with a person with a disability or making a worker’s compensation claim. If so, call your complaint, for example, Formal Complaint of FMLA retaliation and detail how things changed for you after you went on FMLA leave.

Retaliation for protected activity: You could be targeted because you blew the whistle on illegal company activity, trying to form a union or because of something your state law protects (examples that may be true in your state are jury service, voting or political activity and legal outside activities). If you’re fired for whistleblowing, call your complaint Formal Complaint of Whistleblower Retaliation.

Safety in numbers: If the bully isn’t targeting you for any illegal reason, then there’s one other possible way to report them in a protected way, and that’s to report them along with or on behalf of coworkers. If you aren’t a supervisor and work in the private sector, then you are likely protected by the National Labor Relations Act if you are fired for collaborating with coworkers to try to change your workplace. You might want to prepare a letter detailing the bully’s behavior and how it is disrupting the workplace and having a negative impact on morale and employee retention. Have your coworkers sign it. Present it to HR or someone in management, and maybe have another coworker with you for moral support. If you’re fired for working with coworkers to improve working conditions, you are (probably) legally protected against retaliation.

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Workplace bullying is a waste of corporate resources. It takes time away from actual productive work. It makes good employees want to leave. It can cause increased absenteeism, use of sick time and even worker’s compensation claims. Science now tells us that workplace bullying cause dangerous levels of stress, which can cause weight gain and illness. A recent study at Harvard Business School found that toxic workers can cost companies an average of $12,489 in employee turnover, not including potential costs like litigation, regulatory penalty, and reduced employee morale.

If you think hostile work environment, harassment or workplace bullying should be illegal, tell your legislators. Only when working people stand up for themselves will your lawmakers listen.

If you need legal advice about your workplace, contact an employee-side employment lawyer in your state. For more information about employment law issues, check out Donna Ballman’s award-winning employee-side employment law blog, Screw You Guys, I’m Going Home and her employment law articles at AOL Jobs.”

Excerpted from article on Huffington Post by Florida employment attorney Donna Ballman

Tell the EEOC if you have been discriminated against. Stand up.

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Post ID: @hzk+SOZk3pL

“We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.

The opposite of love is not hate, it's indifference.

There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.“

-Eli Weisel

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Post ID: @its+SOZk3pL

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