This week it was announced that 21st Century Fox has settled a group of race, gender and pregnancy discrimination lawsuits involving 18 current and former Fox News employees for approximately $10 million.
In just the past few weeks, a number of other employment discrimination claims have been settled by major employers, including Dell EMC (a subsidiary of Dell Technologies), which will pay $2.9 million to settle claims that it paid women and black employees less than white males, and Darden Restaurants, which will pay $2.85 million to settle age discrimination claims against its Seasons 52 restaurants.
These large settlements highlight the importance both of employer compliance with applicable laws and of employee awareness of those laws.
Most employers are subject to a number of federal, state and local laws prohibiting discrimination based on a variety of traits, including race, color, religion, creed, sex, pregnancy, veteran status, marital status, sexual orientation, gender identity, national origin, age, disability, previous arrests, and genetic information.
Employers may think they have nothing to worry about if they don’t actively discriminate against employees, but a policy that appears legitimate on its face can be found to be discriminatory.
For instance, a requirement that an employee be able to lift 100 pounds might disproportionately screen out women. If the job truly requires employees to lift that much, the requirement will likely not be found to be discriminatory, but if the employee actually needs to lift only 30 pounds, the policy will probably be found to be unlawful, even though the employer wasn’t intentionally discriminating against women.
Similarly, a blanket policy against beards or head coverings may be found discriminatory. For instance, a Muslim woman may wear a hijab for religious reasons, or a black man may wear a beard because of pseudofolliculitis barbae, a skin condition specific to African Americans. Problems can arise where employees such as this are not granted exemptions to the blanket policy.
Depending on the specific law that has been violated, an employee who can establish unlawful discrimination may be eligible for reinstatement, as well as recovery of back pay, front pay, the value of any lost benefits and costs incurred in connection with the dispute (such as court costs, expert-witness fees, and attorney fees).
In some cases, compensatory and punitive damages may also be available. Compensatory damages may include nonmonetary damages, such as those for emotional pain and suffering.
The employer may also be ordered to change or implement certain specific policies and practices to help create a workplace free of unlawful discrimination.
Please feel free to contact us if you – as an employer or employee – have questions about or need assistance with employment discrimination issues.
