Home Depot to Pay $25.5 Million for Wage Case Settlement

Employers are required to provide meal and rest breaks to their employees. Failure to do so may cause them plenty of problems, especially if their employees decided to file a case in court.

Home Depot will pay about $25.5 million just to settle a case filed by California workers who alleged that the company did not allow them to take meal and rest breaks.

According to reports, the Atlanta-based company is just one of the retailers that were sued after they have allegedly committed California labor law violations.

The settlement was approved by a Los Angeles Superior judge last January.

The plaintiffs’ legal representatives refused to comment on the issue, but court records revealed that Home Depot Expo and Home Depot workers who are working in the said companies from 2000-2009 are part of the settlement class.

A Home Depot spokesman stated that settling the lawsuit does not mean the company accepts wrongdoings on its part.

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Relevant Evidence in a FEHA Complaint

Victims of discrimination in the workplace have several legal options to take to seek redress for their grievances. Under federal and state discrimination laws, a worker may file a charge with the Equal Employment Opportunity Commission (EEOC) against any person or employer, provided he follows the usual procedure in filing for a discrimination complaint.

The article, “DFEH (Department of Fair and Equal Housing)”, posted on November 2, 2008, discussed the special task of the state department to deal mainly with employment and housing discrimination. In addition, the DFEH, as the article mentioned, is also tasked to” receive and investigate discrimination complaints throughout California”.

The department was created to implement the state discrimination provisions of the Fair Employment and Housing Act. The FEHA is the major California statute that prohibits employment discrimination “covering employers, labor organizations, employment agencies, apprenticeship programs” and any person or entity who “aids, abets, incites, compels, or coerces the doing of a discriminatory act”.

In addition, the state law also bans discrimination based on color or race, national origin or ancestry, religious beliefs, disability or medical conditions, sex or gender and sexual orientation, age and pregnancy and related medical condition.

The FEHA also prohibits retaliation against the victim for filing a complaint, testifying, or assisting in proceedings under the FEHA.

As discussed further in the article, several remedies may be available to a discrimination victim, which include back pay, reinstatement, policy change, reasonable accommodation, affirmative relief and actual damages, among others.

In determining whether to award emotional damages in a discrimination claim, the Fair and Employment Housing Commission considers the following relevant evidence:

• the victim’s physical and mental well-being

• his ability to work and his employment status

• personal integrity and dignity

• professional reputation

• family relationship

• ability to associate with peers and coworkers and access to the job

Workers who complain of discrimination are often humiliated and harassed in the workplace. Sometimes, they may even find it difficult to file a complaint. When this happens, an aggrieved worker may consult with a skilled employment lawyer to help him with his claims.

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GINA, a New Law to Battle Employment Law Violations

A new law has been signed by President Bush last May 21, 2008 to prohibit employment discrimination based on genetic information. The Genetic Information Nondiscrimination Act or GINA applies to employers and insurance companies covered by Title VII.

The provisions under GINA are quite similar to Title VII. As stated under this law, employees who have experienced workplace or hiring discrimination must still file a complaint with the Equal Employment Opportunity Commission before they may pursue discrimination suits against their employers.

GINA also entitles the discriminated employees the right to a trial and the right to demand compensatory and punitive damages from their abusive employers. The recoveries also include the attorney’s fees.

The law statutes pertaining to discrimination will be implemented November next year, 18 months after the president signed the proposed law. The other part that tackles group health plans will take effect in May 2009.

Like what many employees and jobseekers say, this law will cause alarm for those employers who still manage to exercise discriminative actions and other Employment Law violations. We all know that discrimination and abuse is still rampant in the employment sector. With this law, the employees will gain better protection against their employers.

Nevertheless, if you have any other inquiries about GINA, or if you think you have been a victim of employment discrimination, it is still best to consult a credible attorney to obtain justice on these types of Employment Law violations.

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How to Deal with Employment Discrimination

Have you been discriminated against in your workplace? How did you deal with it?

Luckily, I have never been discriminated against in my four years of being a member of the workforce. I guess I am among those few who experience fair and equal employment terms or my time has not yet come.

But for those who had been or is still in a discriminating environment, I bet every day is a struggle for them. They do not only carry the burden of having to accomplish their task but having to deal with the unfair treatment in their workplace as well.

Employment discrimination exists when employers illegally single out employees and job candidates on account of:

• sex
• age
• race
• color
• nationality
• religion
• marital status
• sexual preference
• pregnancy

However, if the singling out of employees is for reasons that are not covered by the laws, then employees are not protected from those types of discrimination. Example, if your employer is extra hard on you for no reason at all, no matter how unethical that is, it would not still amount to discrimination.

Annually, U.S. Equal Employment Opportunity Commission receives at least 80,000 discrimination complaints. I can’t help but be alarmed of this number despite efforts of the state to issue and enforce anti-discrimination laws and regulations.

It is my opinion that to be or not to be discriminated against is a personal choice. You have a choice to fight for your rights or sit and wait for others to complain.

The best way of fighting this social dilemma is to report the incident immediately after its occurrence. By doing so, the employer is warned that you cannot be taken lightly and would not pass any act of discrimination against you. If it continues, then you should file the necessary legal charge with EEOC. It’s best to act now before it’s too late!

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