Gilbert Employment Law, P.C.

Gilbert Employment Law, P.C.

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GEL Stands Against Racial Injustice

Gilbert Employment Law, P.C., stands in solidarity with those outraged and grieving following the recent murders of Breonna Taylor, Ahmaud Arbery, George Floyd, Tony McDade, Sean Reed, Nina Pop, Steven Taylor, Rayshard Brooks, and countless other victims of police brutality. Each of them should be alive today. As a law firm dedicated to fighting for civil rights, we affirm our support for the #BlackLivesMatter movement in the quest for justice long overdue.

Being Black in America should not result in disproportionate targeting by law enforcement, or any of the many forms of discrimination that are directed at Black people, including discrimination in employment. Nobody should have to live in fear of being killed by police, and nobody should have to mourn the loss of a loved one due to violence from those who are meant to protect and serve them.

At Gilbert Employment Law, we are committed to supporting our Black employees, Clients, and local communities during this increasingly difficult time, made ever more so due to a global pandemic that is disproportionately affecting Black and Brown communities. In order to take actionable steps towards progress, we pledge to audit our hiring paths to ensure that we are meeting our responsibilities to communities affected by 400 years of systemic racism in this country. We support our employees who engage in civic engagement that is meaningful to them, including the provision of additional paid leave to our employees to allow for such engagement. We pledge to explore and propose charitable donation strategies, socially responsible divestiture, and contract sourcing in furtherance of civil rights and social responsibility.

We welcome feedback from our clients and our colleagues in the civil rights community on how we can serve as better allies to all those marginalized by inequality. Today and always, Gilbert Employment Law stands in solidarity with the fight for justice and freedom for all.

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5 Examples of Sexual Orientation Discrimination

Sexual orientation is a protected class, just like race or gender, meaning employers cannot discriminate against workers due to heterosexuality, homosexual or bisexuality.

How do you know if discrimination is present in the workplace? Here are five examples so that you know what to watch out for:

  • Giving workers of a certain sexual orientation lowering rankings and worse reviews than other workers, for no reason other than their orientation.
  • Handing out promotions to workers of one sexual orientation over workers of another.
  • Showing any other type of preferential treatment, such as giving more desirable jobs or positions to those of a specific orientation.
  • Discriminating in any way based on an assumed orientation, whether that is true or not. For instance, it is illegal to pass over someone for a promotion on the grounds that he or she is thought to be of a homosexual orientation, even if the reality is that the worker is of a heterosexual orientation.
  • Insulting someone, making disparaging remarks, threatening them or doing any other type of bullying based on orientation. Any action that can create a hostile work environment is prohibited.

It is worth noting that not all workers will agree on what creates a hostile work environment. For example, one worker could feel that he or she is being bullied while others say they’re just joking around. This could still make a hostile workplace, even if the workers carrying out the discrimination did not have that intent.

It is very important for people to know all of their rights in the workplace and what legal options they have when those rights are breached.

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How Do I Know if I’m in a Hostile Work Environment?

Sometimes, people use the term “hostile work environment” in reference to nearly any unpleasant work situation: A rude boss, obnoxious coworkers, an unpleasant office or lack of benefits. It’s true that these issues can make a work environment very undesirable, but they do not necessarily meet the legal definition of a hostile environment.

Technically, a hostile work environment is a workplace in which the conduct of supervisors or coworkers has created a discriminatory environment that a reasonable person would find so abusive or intimidating that it impacts the ability to work. If you are wondering whether your current work conditions could be considered a hostile work environment, continue reading for a list of requirements and examples. 

What counts as a hostile work environment?

Your situation may meet the legal requirements of a hostile work environment if:

  • The behavior is discriminatory against gender, race, religion, age, orientation, disability or nation of origin– categories protected by the Equal Opportunity Commission
  • A reasonable person would find the work environment hostile or abusive
  • The conduct has become a pervasive and long-lasting problem
  • The employer has failed to investigate and address the issue
  • The victim’s desire or ability to work has been affected
  • The employer knew about the hostile behavior but did not adequately intervene

Examples of a hostile work environment:

Merely being teased or excluded by your colleagues is rude, unprofessional and possibly a firing offense, but it is not necessarily legally hostile. Consider these examples of hostile work environment harassment:

  • Discussing sex acts or using sexually suggestive language
  • Telling offensive jokes about protected categories of people
  • Making unwanted comments on physical qualities
  • Displaying racist or sexually inappropriate pictures
  • Using slurs or insensitive terms
  • Making inappropriate gestures
  • Sabotaging an employee’s work or career
  • Unwanted touching

Dealing with a hostile environment

The first step is to address the conduct with the proper authorities at your job. If this is not possible, or if you have tried it and the situation did not change, the next option may be litigation. An employment attorney in your area can help you fight to stop the behavior and receive compensation. If your workplace has become discriminatory and hostile, you do not have to suffer alone.

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GEL Attorneys Recognized by Maryland General Assembly

The Maryland General Assembly, under sponsorship of Delegate Aruna Miller, issued Gilbert Employment Law partners Gary Gilbert and Stephanie Herrera, and of-counsel, Joe Gebhardt, citations in recognition for their advocacy and achievements on employment related issues. Specifically, the Maryland General Assembly recognized Mr. Gilbert, Ms. Herrera, and Mr. Gebhardt for “skillfully bringing [their] talents to serve a diverse range of clients with wide-ranging needs in employment and labor law.” The Maryland General Assembly also recognized Ms. Herrera for “being named a Maryland 2018 Rising Star”. The awards were presented by Delegate Miller on January 15, 2018. Delegate Miller is a member of the House Appropriations Committee where she is Chair of the Oversight Subcommittee on Personnel, a leading committee on personnel and employment issues.

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GEL Client Prevails on Employment Discrimination Claim

On January 5, 2018, the District of Columbia Department of Employment Services (DOES) issued a decision in favor of Maria Fuentes, represented by Gilbert Employment Law, P.C. and found that Vador Ventures, Inc. d/b/a Total Quality Building Services (“Total Quality”), violated the Protecting Pregnant Workers Fairness Act of 2014 (“PPFWA”) when it prohibited Ms. Fuentes from returning to the workplace after she requested an accommodation related to her pregnancy and pregnancy related conditions. DOES awarded Ms. Fuentes full backpay and reasonable attorneys’ fees and ordered Total Quality to pay a $3,000 penalty to the Pregnant Workers Protection Fund.

In March 2017, Ms. Fuentes, a cleaner, began experiencing severe back pain as a result of her pregnancy. Her doctor recommended that, due to her pregnancy and pregnancy related conditions, Ms. Fuentes be accommodated in the workplace, including avoiding excessive bending or squatting. On March 27, 2017, Ms. Fuentes provided a doctor’s note setting forth her restrictions to Total Quality. DOES found that, pursuant to her doctor’s recommendation, Ms. Fuentes could perform the majority of her duties and the only duty that Ms. Fuentes could not perform was cleaning the bathrooms. The same day, Total Quality informed Ms. Fuentes that she could no longer continue her employment unless her doctor authorized her to work without restriction. DOES found that Total Quality “show[ed] an unwillingness to reasonably accommodate [Ms. Fuentes]” when it refused to allow Ms. Fuentes to work “unless she provided a medical note releasing her to full-duty.” DOES further found that Total Quality could have provided an accommodation such as a “switch in bathroom duties between employees,” which would not have posed an undue hardship to Total Quality.

The PPFWA was designed to address the concern that all-too-often vulnerable, pregnant employees, like Ms. Fuentes, were placed on leave or terminated from employment when they could continue performing their duties with a reasonable accommodation. The PPFWA was intended to expand protections to pregnant workers to ensure they are able to maintain their jobs during a time they are most in need of stable employment. The decision by DOES will further the purpose of PPFWA and will encourage employers to comply with the law and provide appropriate accommodations to pregnant employees.

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What Federal Law Says About Discrimination

It is common knowledge that discrimination is illegal in the workplace. However, many workers remain confused in regard to what this means, as well as whether they have in fact been a victim to discrimination.

Discrimination can take many forms, and this is why it can be difficult to define. However, the word itself is derived from the term “to distinguish.” Therefore, the general meaning of discrimination is to treat a person differently from others based on an unfair reason. It is always better when all workers are treated equally and fairly by their employers.

What types of characteristics are protected from discrimination?

In order to make the law simpler and more enforceable, certain characteristics have been established as protected from discrimination. There must be a underlying reason for why you believe that you were discriminated against. One of these reasons must be nationality, gender, marital status, pregnancy, age, disability, sexual orientation, race, religion, ethnicity or color. Therefore, if you were discriminated against because you practice a certain faith, are pregnant or are African American, for example, this always counts as unlawful discrimination.

In what places am I protected from discrimination according to federal law?

The main emphasis on anti-discrimination is in the workplace. This is because the ability to have a job and earn a living without facing discrimination is extremely important. Other places where such behavior is enforced is in education, health care, government services, transportation and housing, to name a few.

If you believe that you have become victim to discrimination, it is important to take action immediately.