Cases We've Won - Rebecca L. Fisher, Attorney at LawWon a case in U.S. District Court in New Mexico that a Federal Agency had engaged in age discrimination wherein the Agency made comments that they needed to "get rid of their aging workforce". The case dealt with a failure to promote an older worker based upon age and the agenda of getting rid of the "aging workforce."
Won a case before the EEOC Office of Federal Operations which found that a Federal Agency had engaged in age discrimination and that the agency had a "verbal policy" to discriminate against employees based on their age regarding terms and conditions of employment, including not promoting older employees who were fifty years old or older. This case is cited in the EEOC Digest.
Won a case in State Court when a business in Temple, Texas fired an employee within four hours of being informed that the employee had permanent hearing loss requiring hearing aids in both ears caused by the noise in the work area. The Manager of Human Resources was informed by the employee's spouse at approximately 10:00 am, and at 2:00 PM the Plant Manager terminated the employee. The Plant Manager asked the employee how long he had been working for them. The Employee answered, "Fifteen years and three months". The Plant Manager told the employee that was "Fifteen years and three months too long."
Won a sexual harassment case before an EEOC Administrative Judge because a female employee had been harassed by a co-worker and when she reported the harassment to her station manager, he did not take steps to keep the co-worker from working with the female employee. The female worker was forced to work for several weeks with the co-worker who had sexually harassed her, which resulted in her being placed on leave and liability to the employer.
Won a sexual harassment case before an EEOC Administrative Judge when a female employee reported her supervisor for sexual harassment. After the report, the supervisor touched the female, which was observed by a co-worker. Failure to keep the supervisor from the female employee resulted in a finding of sexual harassment and liability to the employer. This case is cited in the EEOC Digest.
Won a case before an EEOC Office of Federal Operations, that resulted in finding that a district manager had engaged in retaliation. A district manager retaliated against a female manager who had written a letter to upper management about ongoing gender discrimination by the district manager.
Won a case before an EEOC administrative Judge that a female manager taken out of her position and replaced by a male manager of lesser grade and level was gender discrimination. The female manager had her own office, secretary, and supervised hundreds of employees, but was taken out of her position and placed in a much smaller office, no secretary, and no employees to supervise. Although the female manager was not demoted by pay or grade, the Administrative Judge found the Agency's actions adverse and discriminatory.
Won a case before the EEOC Office of Federal Operations which found that a female guard had been sexually harassed by a male guard. The prison did not provide separate restrooms for female and male guards. The male guard had proceeded to come into the restroom knowing the female guard was occupying it. This case is cited in the EEOC Digest.
Won a case in U.S. District Court in the Eastern District of Texas that an older employee had been harassed and illegally targeted because of age and retaliation when he faced multiple disciplinary actions and even a termination when younger employees with no EEO complaints of discrimination had faced no discipline for similar and even worse actions.
Won a race discrimination case before an EEOC Administrative Judge that an Area Manager and his subordinate managers had created a racial hostile environment and had retaliated against the employee for her efforts to address the environment. This same Area Manager proceeded to retaliate against an employee who had testified on behalf of her co-worker giving evidence that there was a racial hostile environment wherein she had been embarrassed by the Area Manager's behavior in meetings. Won the resulting retaliation case filed by the employee/ witness.
Won a case wherein the Employer was found to have created a disability hostile environment because the employee required minimal and reasonable accommodations. The employer would fail to give the employee necessary paperwork while at the same time demanding the employee submit paperwork regarding her medical condition. Abused the employee on the work room floor before her co-workers.
Won a case before the EEOC Office of Federal Operations that resulted in a finding of gender discrimination when a male employee was not allowed the job position and schedule that a female employee was awarded. Also EEOC-OFO determined that the employer unlawfully retaliated against the male employee when he informed them of the sexual bias.
Won a disability case before an EEOC Administrative Judge where an employer created a hostile work environment for a disabled worker who suffered from migraines. Supervisors unlawfully discussed medical information on the work room floor, spoke to the disabled worker in a derogatory manner and tone, called him "worthless" and "a piece of sh-t", and took discipline against the worker because of his disability, which only required accommodation of an eight (8) hour workday.
Won a case before the EEOC Office of Federal Operations that the employer violated the law and engaged in unlawful retaliation when an employee who had filed an EEO complaint was taken out of her management position and placed in details/positions that were demeaning.
Cases Before EEOC Administrative Judges and Office of Federal Operations
- Pruneda v. U.S. Postal Service (Disability Harassment)
- Tellez v. Department of the Army, White Sands Missile Range (Age Discrimination; Retaliation - EEO Digest Case)
- Miles v. U.S. Postal Service (Sexual Harassment by a Co-Worker)
- Fuentes v. U.S. Postal Service (Title VII Retaliation)
- Amaro v. U.S. Postal Service (Title VII Retaliation)
- Cavanaugh v. U.S. Postal Service (Gender Bias, Retaliation)
- Wilson v. Federal Bureau of Prisons, U.S. Justice Department (Sexual Harassment by a Co-Worker - EEO Digest Case)
- Janise v. U.S. Postal Service (Disability Bias - Illegal Medical Examination)
- Bui v. U.S. Postal Service (Sexual Harassment by Postal Supervisor -EEO Digest Case)
- Crippen-Torrez v. U.S. Postal Service (Title VII Retaliation, Gender/National Origin Bias)
- Campos v. U.S. Postal Service (Disability Harassment, Retaliation)
- Towns v. U.S. Postal Service (Disability Harassment -Per Se violation - Disclosure of Medical Records)
- Hudson v. U.S. Postal Service (Gender Discrimination and Retaliation)
- Walker v. U.S. Postal Service (Retaliation - Disability Bias)
- Wright v. U.S. Postal Service (Disability Bias - Involuntary Move to Another Craft - Carrier to Clerk)
Cases Won in U.S. District Court
- Tommy G. Doherty v. William Henderson, PMG, U.S. Postal Service (Age Bias 0 Title VII Retaliation - Kilgore TX Post Office)
- Ricardo Medina v. Frances Harvey, Secretary of the Army, Department of the Army, White Sands Missile Range (Age Bias - Failure to Promote - Won Promotion to desired position)
Cases Won in State Court - Texas
- Tommy Jarolik, et al v. Sunbelt Transformers (Workman's Compensation Retaliation - Jury awarded damages. The case was later settled.)
Please note that the foregoing cases are not an exhaustive list and do not reflect the many cases that were resolved through mediation, arbitration and settlement negotiations.
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