Categories
Sexual Harassment

Every Kiss Begins with Kay – Even the Unwanted Ones

Every Kiss Begins with Kay – Even the Unwanted OnesLet’s start with the big number first: 69,000 women – 69,000!!!!! These women, current and former employees of Sterling Jewelers, are part of a class-action lawsuit that began in 2008. (For context, Sterling owns Kay Jewelers and Jared the Galleria of Jewelry.)

Now, according to the Washington Post, “Declarations from roughly 250 women and men who worked at Sterling, filed as part of a private class-action arbitration case, allege that female employees at the company throughout the late 1990s and 2000s were routinely groped, demeaned and urged to sexually cater to their bosses to stay employed,” and that Sterling’s “chief executive and other company leaders presided over a corporate culture that fostered rampant sexual harassment and discrimination.”

The article from the Post paints a raw picture of the allegations in the case. The managers at Kay and Jared, engaged in acts of sexual harassment and discrimination such as:

  • Holding “scouting parties” to seek out female employees with whom they would like to have sex.
  • Engaging in quid pro quo harassment, where female employees were promised raises and promotions in exchange for sexual favors; they referred to this as “going to the big stage.”
  • Paying female employees less than their male counterparts in the same positions.
  • Verbally attacking, and eventually terminating, female employees.
  • Making jokes about female employees’ bodies.
  • Routinely passing over female employees for promotions in favor of giving those new positions to male employees.

I wish we could say we were surprised by the accusations, but we’re not: we’ve represented women in sexual harassment and discrimination cases against the jewelry industry before. We know exactly what kind of hostile work environment was created for male and female employees alike, based on a culture where illegal behaviors like these are rewarded, not punished.

Fair and equal treatment for these victims has been a long time coming – 10 years, by the time the first witnesses are called in 2018. We hope they get it.

The Gilbert Firm provides comprehensive counsel for victims of sexual harassment and discrimination. To schedule a consultation with Jonathan Bobbitt, Justin Gilbert or one of our Tennessee sexual harassment attorneys, please call 888.996.9731, or fill out our contact form.

Categories
Sexual Harassment

What is a Hostile Work Environment?

A hostile work environment is something that we get calls on a lot. “Hostile work environment” is one of those phrases that the general public uses to describe bad things at are going on at work – and not all of them are actionable. But, it is true that an employee has a right to be free from harassment, intimidation, and extremely uncomfortable work environments. And so, we analyze each of those calls here at The Firm, to be sure that it is actually a claim that is actionable as a hostile work environment.

The most common hostile work environment is sexual harassment, but there are many others. Any sort of harassment that someone is undergoing can be considered a hostile work environment. For example: harassment based upon race, harassment based upon gender, harassment based upon your sincerely held religious beliefs – all of those can also be considered a hostile work environment.

If you are unsure whether or not the way you have been, or are being, treated is the basis for a claim, come see us. The Tennessee employment attorneys of the Gilbert Firm have the experience, skills and resources to handle all manner of claims involving harassment and hostile work environments. We can help you pursue justice and protect your rights. To speak with Jonathan Bobbitt, or one of our lawyer sin Nashville, Chattanooga, Memphis, Jackson or Knoxville, please call 888.996.9731, or fill out our contact form.

Categories
Sexual Harassment

Hollywood, Sexual Harassment and Film: Learning from Casey Affleck

Hollywood Sexual Harassment and Film- Learning from Casey AffleckCasey Affleck, younger brother of Ben Affleck, just won a Golden Globe for Best Actor for his work in Manchester by the Sea. Clearly, he is a talented actor. Before he won, however, the news was filled with stories about his alleged acts of sexual harassment against two women back in 2010. And so the debates ensue over separating the art from the artist, and whether doing so allows the actor to avoid culpability for those alleged actions.

But, this story is far bigger than Casey Affleck. That is, that Hollywood has been using sexual harassment as a foil for comedy for decades. A couple of years ago, Buzzfeed put together a list of 11 movies that use sexual harassment and assault for laughs, and, candidly, the breakdown is anything but funny.

This tired old trope of (generally speaking) men subjecting women to hostile work environments in order to get a laugh isn’t funny; it’s never been funny. The EEOC reports that in 2015, 6,822 charges alleging sexual harassment were made by employees throughout the country. That doesn’t even touch the number of actual incidents of workplace harassment… not even close. Yet even now, TV and movies continue to use sexual harassment for the purpose of making a joke.

This normalizes the behavior – grants permission to men (and women) to behave in this way. And when the victim refuses the aggressor’s advances, or files a complaint, that victim becomes the one who “can’t take a joke.” The man or woman is then victimized a second time, and the cycle continues.

Talking about sexual harassment

The allegations against Casey Affleck are even more serious; one woman accuses him of acts that border on, if not cross the line into, sexual assault. Alas, Affleck is hardly alone. There is a long list of A, B and C list celebrities and politicians who have been accused of sexual harassment at some point in their careers. And, this isn’t just happening on the left and right coasts of the country. Numerous Tennessee women endue sex-based harassment every day. There has to be a way to “de-normalize” this behavior.

One thing we can do is demand accountability from those who commit the acts, whether they’re movie stars, politicians, CEOs, executives, managers or the co-workers we work with every day. If a man or woman is making unwanted advances towards you, making you feel uncomfortable or unsafe, or is contributing to a hostile work environment, you do have legal options available to you to force that behavior to end.

At the Gilbert Firm, our Tennessee sexual harassment attorneys like Jonathan Bobbitt fight on behalf of employees just like you. If your rights have been violated, or if you wish to find out more about our employment services, please call 888.996.9731 or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville, so we are always close by when you need us.

Categories
Labor and Employment

What is Employment Law, Generally?

In employment law, I represent employees of all levels, whether it’s an entry level position – all the way up to the CEO, in matters ranging from hostile environment or retaliation, to negotiating severance agreements for CEOs, or certain buyout programs that executives might need help with.

When most people hear the words “employment law,” they think of employees suing because their rights have been violated: by their bosses, by a corporation, even by the government. At the Gilbert Firm, we handle those types of complex cases every day. Sure, Tennessee employees trust us to protect them when they have been harassed or retaliated / discriminated against because of their gender, disability, race or because they have engaged in some sort of protected activity. Also, we are called on when employees have been denied overtime compensation, or they need assistance with their employment or severance contracts.

But, “employment law” really encompasses so much more. We also help employees become their own advocates by offering solid legal counsel on a number of issues before they reach the litigation stage. For example, executives and employees often come to us to review their compensation plans, employment contracts and/or severance packages. We provide skilled counsel to employees who may be buying into or perhaps exiting their particular business entity.

One of the other services the Gilbert Firm provides deals with contract interference or interference in a business relationship by third parties. This is often referred to as the tort of intentional interference. If you or your business enjoys a contractual or business relationship (or, even a prospective such relationship) and a third-party intentionally interferes with that contract or business relationship, you may have rights that would allow you to recover damages caused.

Employment law is a multi-faceted area of law; you want a law firm that understands every part of it. At the Gilbert Firm, we protect the rights of employees at every level who have been harmed by their fellow employees, their supervisors and/or by unsavory business practices. To learn more about what we do, or to schedule a consultation with an experienced Tennessee employment law attorney, like Jonathan Bobbitt, from our firm, please call 888.996.9731, or fill out this contact form. With offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville, we’re always near when you need us the most.

Categories
News

Jonathan Bobbitt of the Gilbert Firm Discusses the Challenges Women with Disabilities Have in the Workplace

November is Epilepsy Awareness Month, and we want to help spread the word, so that we can help more people with this condition. One of the many challenges people with epilepsy face is maintaining steady employment, but women, generally speaking, have a harder time. In fact, women with disabilities are less likely to be able to get work, and are often paid significantly less than their male counterparts.

We invite you to check out Jonathan Bobbitt’s piece for My Epilepsy Story on the difficulties women with disabilities face in the workplace. You can find the story in full by clicking this link. Remember, if you have need of a skilled Tennessee disability discrimination attorney, the Gilbert Firm is ready to fight for your rights.

Categories
Insurance Disputes

The Appraisal Provision of Your Homeowners’ Policy May Increase Your Odds of Receiving an Appropriate Settlement

The Appraisal Provision of Your Homeowners’ Policy May Increase Your Odds of Receiving an Appropriate SettlementYou purchase homeowners’ insurance in case the worst comes to pass, and your home sustains serious damage. Buried within the contract is something called the appraisal provision, or appraisal clause. The International Risk Management Institute defines this as a “property insurance provision allowing either the insurer or the insured to demand a binding appraisal of damaged property in the event of a dispute as to its value and establishing the required appraisal procedure.”

So what does this mean? Let’s say your home is damaged in a fire, and your insurance company offers you a settlement amount that is not sufficient to cover the damage caused. If the policy allows, you can invoke your “right to appraisal.” Very generally speaking, appraisal is where you (the policyholder) and the insurance company engage in a process that ultimately leads to a panel of three third-party neutrals setting the dollar value of damage caused by the loss. Note that the appraisal process only leads to the setting of the dollar value of covered damage; it does not resolve coverage disputes.

If you decide to invoke your right to appraisal, then the next step is finding an appraiser you can trust to do the work. This is an out-of-pocket expense, so you want to choose the right person to help you make your case. Some options are public adjusters (adjusters licensed by the State of Tennessee; not affiliated with insurance companies), engineers, contractors, lawyers, etc. Your selection of the correct appraiser is critical because without an experienced person at the reigns the appraisal process will be doomed to failure.

If you are unsure about your appraisal rights or how should proceed, just ask us. At the Gilbert Firm, we protect the rights of policyholders every day. Our Tennessee insurance dispute lawyers can show you how to find the right appraiser for your needs. We can also handle complex claims of bad faith, should it prove that the insurance company has acted negligently or fraudulently.

To learn more about our services, or to schedule an appointment with a Tennessee insurance dispute attorney like Jonathan Bobbitt, Clint Scott or Brandon McWherter, we invite you to call 888.996.9731 or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville for your convenience.

Categories
Sexual Harassment

Do You Handle Cases of Sexual Harassment?

One of the most common calls that we get for hostile work environment is sexual harassment. And sexual harassment is an unwelcomed sexual advance that creates a hostile, uncomfortable work environment for the employee.

There are really two types of sexual harassment: one is the hostile environment that we’re talking about. This can be where a co-worker, or a supervisor or anyone is inappropriately touching the employee, sending inappropriate messages via email or text; perhaps they are requesting sexual favors. There are many different ways that a worker can be made to feel uncomfortable in that scenario.

The other type of sexual harassment is called quid pro quo, which is a situation in which a supervisor or a boss suggests to the employee that, in exchange for whatever sexual favor they [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][the supervisor or boss] want, they [the employee] may get an employment benefit to go along with that. Now, sometimes it may be, “If you do this for me I won’t fire you” or “we won’t reduce your pay,” or maybe they say “If you do this for me, I’ll see that you get that promotion,” “I’ll see that you get a raise” or “you’ll get to keep your job.” And that is when a boss or the supervisor is offering something of value in exchange for a sexual favor.

You have the right to safe environment

There is never a reason for an employee to feel unsafe in the work place because of sexual harassment. This type of behavior is illegal at both the state and federal level, and we fight to uphold the laws for the safety and protection of our clients. If you have been subjected to acts of harassment by co-workers, supervisors, executives, or anyone you work with, you may have legal options available to you.

At the Gilbert Firm, we advocate on behalf of Tennessee employees every day. When your rights have been violated, you can rely on us to seek justice for you. To learn more about what constitutes sexual harassment, or to make an appointment with an experienced Tennessee sexual harassment attorney like Jonathan Bobbitt, please call 888.996.9731, or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville, so we are always close by when you need us.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Categories
Discrimination Veterans Discrimination

Discrimination against Veterans is a Real Thing

Discrimination against Veterans is a Real ThingYou join a branch of the military. You do a tour (or two, or even more) in a dangerous area. You come home with the expectation that you will build a life for yourself, and that includes getting a job outside of the service. And yet day after day, you find yourself turned down for positions that you know you could hold, and that you know fit your skillset. Or you do get a job, and find yourself subjected to harassment by your coworkers and/or your superiors. What can you do?

Employment discrimination against active and retired military personnel is a real issue. Every day, servicemen and -women are denied jobs, or discriminated against in some way, by employers in Tennessee and throughout the country. That discrimination can manifest in a number of different ways, including:

  • Being denied a job because you have served in the armed forces.
  • Being denied a raise because you were away on active duty at the time the raise would have been given.
  • Losing your accrued vacation time, or being forced to use that time for military activities (like weekend duty for Reservists).
  • Being denied FMLA leave to care for a family member.
  • Losing out on pension payments that should have been continued in your absence.
  • Being denied employment because of a service-related disability.
  • Being subjected to harassment from fellow employees.

There are laws in place to protect you

If you are being discriminated against because of your military service, your rights are protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA). It applies to active duty and retired servicemen and -women in all branches of the military, “with a focus on those that have civilian careers and employment and perform service in the U.S. uniformed services. The law applies to all employers in both the public and private sectors,” as explained by the U.S. Army.

For men and women who returned from service with a disability, there are additional safeguards in place. Under the Americans with Disabilities Act, employers are required to make reasonable accommodations on behalf of disabled employees. The Family Medical Leave Act can protect veterans and active duty Guard or Reservists who need time away to care for a sick family member, or to seek medical attention themselves. In certain cases, the spouse of a returning service member may also be eligible for leave.

If you are facing discrimination or harassment, you have legal options available to you. At the Gilbert Firm, our Tennessee employment law attorneys active and retired members of the military in obtaining the legal protections they deserve. To learn more about our services, we invite you to contact us, or to call 888.996.9731.

 

Categories
Insurance Disputes

Tennessee Shakes as Oklahoma Quakes – Time to Review Your Policy

Tennessee Shakes as Oklahoma Quakes – Time to Review Your PolicyOur neighbor two states over had an earthquake on Saturday: several of them, actually. One quake reached a 5.6 magnitude, and the effects could be felt in Memphis and Chicago. Tennessee is not usually a hotbed of serious earthquake activity, but that could be changing: we have had 11 in the first 13 days of September, the strongest of which was a 3.4 outside Tiptonville. Some experts believe we are due for a massive earthquake along the New Madrid Fault Line – the type of quake that could wipe out West Tennessee for up to two years.

Weather events have caused a lot of damage here at home and to our neighbors over the last few years, and homeowners may be surprised by what their policies do not cover. Now is the time to review your policy for exclusions, and to consider purchasing additional insurance to cover you in the event of a problem.

Common exclusions in homeowner policies

You can buy two different types of insurance policies: all-risk, which covers every scenario except those that are specifically excluded, or named peril, which covers nothing but those perils named in the policy. An all-risk policy is, in our opinion, the better option, but you may need to buy additional plans in order to cover damage caused by:

  • Water does a tremendous amount of damage, and Tennessee has seen an increased number of flash floods over the past couple of years. If you bought a home in a flood zone, chances are good that you had to purchase additional flood insurance right away – but if you weren’t required to buy it, now is the time to see if A) you need it, B) if it’s covered in your current policy (though it likely is not), and C) whether or not you can buy an additional plan to cover flooding.
  • Sewer backups. If you have a septic system, you probably don’t have to worry about sewers – but a backup can do untold amount of damage to your home and your property. Talk to your agent about adding a rider for sewer issues, just in case.

Any of these things on their own would be bad enough – but when you mix in an earthquake, the chances of drainage problems, flooding and bursting pipes increases. If you do not have additional earthquake coverage, an insurance company might try to deny your claim because of something called “anti-concurrent causation.” Basically, if you sustain damage to your home because of two separate causes, and one of those events is not covered by your policy, your insurer might attempt to deny the entire claim.

There’s a lot more to insurance than simply writing the monthly check, so we urge you to review your policies now. If you submitted a claim to your insurance company and they denied it unjustly or unfairly, you may have legal recourse available to you. The Tennessee insurance dispute attorneys of the Gilbert Firm have the experience and skills to help policyholders whose claims have been wrongly denied. Please contact Jonathan Bobbitt, Brandon McWherter or Clint Scott to find out more. You can contact the firm through our form, or call 888.996.9731 to schedule a consultation in one of our offices serving Nashville, Chattanooga, Memphis, Jackson or Knoxville.

Categories
Discrimination

Airbnb’s Housing Discrimination Problems Aren’t Close Being Solved

Airbnb’s Housing Discrimination Problems Aren’t Close Being SolvedThere’s something charming about Airbnb, a “home sharing” company that allows travelers to rent unique accommodations from regular folks across the world. Why spend your vacation money on an expensive hotel when you can simply stay in someone’s apartment for a week, right? The renter makes a few dollars and has his or her space protected, and you save a few dollars while enjoying a more private (and perhaps more luxurious) place to stay. We can understand the appeal.

The problem that Airbnb faces now, however, is one that ride sharing companies (like Uber and Lyft) have been battling in the news for months – namely, that there is no real way to ensure that the people who rent these spaces to others are following the rules and guidelines set up by the company. In this case, it appears that housing discrimination is rampant – and Airbnb does not seem to know how to fix it.

It’s not that they’re not trying, per se. Fortune reports that “During its annual engineering conference in San Francisco, co-founder and CEO Brian Chesky declared that the company had started a 90-day review of its entire service and that, ‘We have zero tolerance for any discrimination.’” The company has even hired former Attorney General Eric Holder to help it create a new anti-discrimination policy. It’s also working with a former head of the Washington, D.C. branch of the American Civil Liberties Union, Laura Murphy, who is “leading the review process,” according to Airbnb’s blog. The company seems to be taking all the right steps, but the question remains – will it, can it be enough?

It’s a tougher problem to tackle than you might think

Before Airbnb can really tackle its issues with discrimination by its users, it may need to look to its own house. According to the company’s assessment, 63% of its workforce identifies as “White,” 7.1% as “Hispanic or Latino,” and only 3.9% as “Black.” One might draw the conclusion that because the company’s internal structure is not diverse, it has not placed enough emphasis on equality in its policies, either.

A recent article on Buzzfeed supports that lack of emphasis as well. One of their news reporters claims that “at no point during Airbnb’s roughly 15-minute, 24-part registration process does the company detail [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][its anti-discrimination policy], or even inform potential hosts of its existence,” saying it is only at the end of the registration that hosts “are asked to agree to follow local laws on short-term rentals. We are told that regulations vary by city, and that it is the responsibility of the host to know what they are. And we are reminded that these laws are also totally different from Airbnb’s own policies.”

Finally, Airbnb must contend with the fact that there may be no way to completely weed out individual hosts during the registration process, even if that process is revamped. It is certainly easy enough to lie on the application to be a host, and hosts should have the right to accept or deny applicants – after all, these are their homes they are renting out to strangers.

Issues of discrimination can be handled through the justice system more readily when companies are regulated by state or federal laws. Cases such as these, however, may prove to be more of a challenge. This is why you want an experienced Tennessee anti-discrimination attorney on your side if you have been the victim of harassment or discrimination. Justin Gilbert, Jonathan Bobbitt and the team at the Gilbert Firm have the skills and resources you want on your side when you face an uphill battle for justice. To meet with one of our attorneys, please call 888.996.9731 or use our contact form, and schedule your consultation at one of our offices in Nashville, Chattanooga, Memphis, Jackson or Knoxville.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]