Shedding Light on Pay Disparities: What You Need to Know from EEOC's Latest Data

Today, we bring to your attention the recent release of pivotal data by the U.S. Equal Employment Opportunity Commission (EEOC). This data, encompassing information from 2017 and 2018, provides an insightful glimpse into the state of pay disparities in American workplaces., which is illegal based on the Equal Pay Act. To learn more about the Equal Pay Act, take a CLE from Attorney Andrew Lieb here.

Key EEOC Findings:

The EEOC's data dashboard reveals a troubling reality: pay disparities based on sex and race persist across nearly every industry and state. Here are some crucial highlights:

• Gender Disparities: The data unequivocally shows that men continue to outearn women, with the median pay band for men consistently higher than that for women. In 2018, this gap was particularly pronounced, with men's median pay band being one or even two bands higher than women's.
• Racial Disparities: The disparities deepen when considering race and ethnicity. Black or African American women and American Indian or Alaska Native women find themselves in the lowest median pay bands, reflecting a distressing pattern of inequality.
• Industry and Job Category Trends: Across various industries and job categories, men consistently occupy higher median pay bands compared to women. While some sectors exhibit equal median pay bands, such as Accommodation and Food Services, these instances remain exceptions rather than the norm.
• Geographical Disparities: Disparities are not confined to specific industries or job categories but are pervasive across different states. For instance, in 2018, Wyoming, Louisiana, and West Virginia exhibited significant differences in median pay bands between men and women.

Implications for Legal Action:

The release of this data underscores the urgency of addressing pay discrimination in the workplace. Here's what you need to know:

• Equal Pay Act and Title VII: The EEOC enforces both the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, which prohibit pay discrimination based on sex, race, color, national origin, and religion. If you believe that you have experienced pay discrimination, you may have legal grounds to pursue a case and if you live in a State, like New York, you can go back up to 3 years on the state's anti-discrimination law to bring your case.
• Data as Evidence: The aggregated data provided by the EEOC can serve as compelling evidence in legal proceedings. If you find that your pay is unfairly lower compared to colleagues of a different
  gender or race in similar roles, this data can bolster your case.
• Consultation: If you suspect pay discrimination in your workplace or have questions about your rights, we encourage you to seek legal consultation. Lieb at Law, P.C. is here to provide guidance and support as you navigate the complexities of employment law.

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New Rule Targets Salary History to Close Gender and Racial Pay Gaps

The Office of Personnel Management (OPM) has taken a significant step towards addressing gender and racial pay disparities within the Federal workforce with its latest regulation. Effective April 1, 2024, this rule prohibits the use of salary history in setting pay for new civilian employees, a practice that has historically contributed to ongoing pay inequities.

The private sector should take notice because the use of pay history is going to be a driving force in future claims under the Equal Pay Act based upon extrapolations from this regulation. 

Salary history has often been a determining factor in pay decisions, but this approach fails to account for the diverse experiences and qualifications individuals bring to their roles. More critically, it has perpetuated biases, inadvertently anchoring new salaries to previous ones that may have been influenced by discrimination. This cycle has been particularly detrimental to women and people of color, who statistically earn less than their white male counterparts. The gap is even more pronounced for women of color, underscoring the urgency of implementing measures that promote fair compensation.

By mandating that Federal agencies set pay based on merit, qualifications, and the requirements of the position rather than past compensation, the OPM aims to dismantle one of the barriers to achieving pay equity. This rule is a bold move towards creating a more equitable and inclusive Federal workforce, where pay disparities no longer shadow one's career.

For an in-depth understanding of the OPM's final rule and its impact on pay equity, visit the Federal Register: Advancing Pay Equity in Governmentwide Pay Systems.

Navigating Education Discrimination Law - A National CLE Instructed by Attorney Andrew Lieb

Lieb at Law, P.C. has partnered with Law Practice CLE to offer a pivotal Continuing Legal Education (CLE) course, "Education Discrimination: Perez v. Sturgis Public Schools," led by Attorney Andrew Lieb.

The Changing Dynamics of Education Law

Education Law is constantly evolving, with recent Supreme Court rulings significantly affecting the landscape, especially regarding the rights of disabled students. This course is designed to provide legal professionals with a comprehensive understanding of these changes and the skills needed to navigate them effectively.

Insights from the Course

In this 2-hour online session, Andrew Lieb will dissect the nuances of key cases such as Cummings v. Premier Rehab Keller and Perez v. Sturgis Public Schools. Participants will learn strategic approaches for handling education discrimination cases, including litigation, due process hearings, and settlement negotiations.

Benefits of the Course

Participants will gain:

• A deeper understanding of recent developments in Discrimination Law.
• Practical strategies for managing complex education discrimination cases.
• Enhanced advocacy skills for representing disabled students in schools.

Who Should Enroll

This CLE course is essential for:

• Lawyers focusing on Education Law and disability rights.
• Legal professionals seeking updated knowledge on education law trends.
• Advocates and educators interested in the legal dimensions of education.

Join Us on 1/31/24 (and available online)

For registration and more information, please visit Law Practice CLE - Education Discrimination: Perez v. Sturgis Public Schools

To schedule a workplace training contact Lieb at Law, P.C.

Lieb at Law Represents Class Action Hearing Impair Tenants in Landmark NYC Disability Discrimination Case

In a significant development in a case that underscores the ongoing challenges faced by individuals with disabilities in accessing suitable housing, Lieb at Law is representing a hearing-impaired tenant in a discrimination lawsuit against the City of New York and other entities. The case, as reported by Law360, highlights crucial issues regarding the responsibilities of property owners and the rights of tenants with disabilities.

Background of the Case

Elewood Torres, the plaintiff, filed a class-action lawsuit in 2022, challenging the failure of his Lower Manhattan apartment building's owners to provide necessary services for tenants with hearing disabilities. Despite the building at 174-184 Forsyth St. being funded to provide accessible housing, critical safety improvements have been lacking.

Key Issues at Stake

The lawsuit points to the absence of essential features such as video cameras in elevators, smoke alarms with strobe lights and bed shakers, and security staff proficient in American Sign Language. These deficiencies not only violate the Americans With Disabilities Act, and the NYS / NYC Human Rights Laws, but also pose a significant risk to the safety and well-being of the residents.

The City's Position and Plaintiff's Response

The city contends that it no longer owns the property and that the ADA does not apply to private residential complexes. However, Torres disputes this claim, highlighting that the ownership of the building reverted to the city due to breaches in the sale agreements. This aspect is crucial in determining the applicability of the ADA and the city's responsibilities.

Lieb at Law's Stance

Representing Torres, Lieb at Law's Associate Attorney, Richard Hermer-Fried, emphasized the gravity of the situation: "To this day, defendants have not provided bed rockers to wake tenants in case of a fire. It's utterly egregious that nothing's been done to protect these individuals." The firm's commitment to advocating for the rights of individuals with disabilities is evident in its vigorous pursuit of this case.

What's Next in the Case

With a preliminary injunction requested by Torres to compel the defendants to install the necessary improvements, and the court ordering documentation of such improvements, the case is poised for critical developments. Lieb at Law remains steadfast in its pursuit of justice for Elewood Torres and other similarly situated tenants.

To read the full article in Law360 click here. 

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Scripps News: UN Report Highlights Discrimination Against LGBTQ Community - Attorney Andrew Lieb Explains

In this interview on Scripps News, Discrimination Attorney Andrew Lieb discusses a new report from the UN Human Rights Committee that spotlights ongoing discrimination faced by the LGBTQ community in the United States. Lieb analyzes the committee's concerns about discriminatory laws targeting transgender people at the state level. He also addresses issues around employment discrimination, suicide rates in the LGBTQ community, and whether legal protections for LGBTQ individuals have expanded in recent years. This important conversation provides insight into the challenges that still exist and the ongoing fight for equality.

Enhancing Utility Workers Rights: New York Assembly Bill A06978

The New York Assembly has introduced Bill A06978 to improve the working conditions of public utility workers. This bill aims to allow utility workers to have access to restroom facilities in businesses without needing to be paying customers.

Key Features of the Bill:

• Restroom Access for Utility Workers: Public utility employees can use employee restroom facilities in businesses during work hours.
• Conditions for Access: Access is allowed when the worker is on duty, with at least two employees of the business present, and when it doesn't pose safety or security risks.
• Compliance and Penalties: Businesses must comply or face a fine of up to $500 per violation, but are not liable for injuries to utility workers using their facilities.

Impact and Significance:

This bill recognizes the essential services provided by utility workers, addressing a basic need for restroom access during their duties. It balances the needs of these workers with the practical and safety concerns of businesses. A06978 is a step towards respecting the dignity and rights of utility workers in New York.

The Bill is on the governor's desk and once she signs it, it becomes effective. 

Failing to Comply with Mandatory Sexual Harassment Training Law - Lawsuits Are Happening

Labor Law 201-g went into effect on October 9, 2018.

Did you know that Plaintiffs (sexual harassment victims) are suing companies for failing to comply with this mandatory training and disclosure law?

In December of 2018, New York County saw its first lawsuit alleging that a "Plaintiff was injured, in whole or in part, as a result of CIRE's failure to comply with NYC Admin Code § 8-107(29) and Labor Law § 201-g."

The case was about a "hostile, offensive, abusive and otherwise inappropriate work environment." 

Allegedly, this harassment included:

• Asking Plaintiff if he was single;
• Asking Plaintiff to go out with her for drinks and dinner, unrelated to business;
• Telling Plaintiff how handsome he and flirting with Plaintiff;
• Complimenting Plaintiff's choice of clothes;
• Telling Plaintiff he should have a girlfriend;
• Telling Plaintiff that having a girlfriend would afford him a health insurance entitlement, which "by the way I, Sarine have health insurance";
• Telling Plaintiff what color clothing he should be warning;
• Moving her desk next to Plaintiff's desk;
• Staring at Plaintiff at all hours of the day and commenting on his face or hair;
• Standing unnecessarily close to Plaintiff when speaking;
• Inappropriately attempting to give Plaintiff hugs and kisses;
• Demanding that Plaintiff "pinky swear" so that he not disclose something that occurred between Ms. Atamian and another employee, just so she could touch Plaintiff's hand;
• Unnecessarily interrupting Plaintiff's conversations with others;
• Demanding that Plaintiff open personal packages and mail in front of her;
• Requiring that Plaintiff make all requests for basic company information, documentation, etc., through her, where other brokers were permitted to engage in such activities on their own.
• Making inappropriate inquiries concerning what Plaintiff was doing, who he was with, etc. when he was not at the Office;" 

In fact, the Plaintiff argued that this violation of Labor Law  § 201-g  should result in Christie's International Real Estate Group, Inc. and two individual parties, paying "compensatory damages, punitive damages, statutory damages and special damages, as well as his costs, fees (including attorneys' fees) and disbursements, plus pre and post judgment interest, in amounts to be determined at trial, which amounts exceed the jurisdictional minimums of this Court"

Have you scheduled your annual training yet?

Lieb at Law Advocates for Justice in Case of Discrimination Against Autistic Child

In a recent development that has resonated with families and advocates across Connecticut, Lieb at Law is representing a mother who has filed a complaint with the Commission on Human Rights and Opportunities (CHRO) charging discrimination against a residential program provider designed to treat the very victim of the discrimination. 

The case involves a serious accusation against Adelbrook Behavioral & Developmental Services, where staff members are alleged to have forcibly cut the hair of a 14-year-old autistic girl, ava, as a disciplinary measure.

Andrew Lieb, the attorney for Ava's family, encapsulates the gravity of the situation: "First and foremost, we want to get Ava the compensation she deserves from the trauma from torture to be able to get the services she needs," highlighting the pursuit of justice and Ava's right to respectful and appropriate care.

This complaint comes amidst other allegations against Adelbrook, suggesting a potentially worrying pattern of behavior by the organization. As the legal process unfolds, Lieb at Law is dedicated to bringing the facts to light and ensuring that Ava receives the justice she deserves.

This case is particularly concerning given the backdrop of previous allegations of abuse within Adelbrook, as reported by the Connecticut Inside Investigator journal. The coverage of this story can be found here, offering a comprehensive look into the unfolding events.

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Understanding the EEOC's Rising Focus on Disability Discrimination: A Call to Action

Recent trends have seen the Equal Employment Opportunity Commission (EEOC) significantly bolster its scrutiny on workplace discrimination, particularly on the front of disability discrimination. As advocates for those who face injustice, Lieb at Law, P.C. delves into these trends and urges those affected to seek their rightful legal recourse.

The EEOC’s Stand
The EEOC's resolve to combat disability discrimination has been noticeably robust. In its recently concluded fiscal year, the EEOC filed a staggering 144 lawsuits, a 55% increase from the previous year. Of these, 48 lawsuits were laser-focused on disability discrimination. That's a 77% rise from the 27 filed in the fiscal year of 2022. To be clear, this is in addition to the countless number of private lawsuits in federal and state courts throughout the country plus all of the administrative claims resolved at places like state / county / city divisions of human rights. 

Other Discrimination Categories
While disability discrimination took center stage, the EEOC has also been active in pursuing cases involving retaliation, race, and religion discrimination. This underscores the broader drive to ensure fair treatment for all, regardless of one's personal attributes or beliefs.

Notable Cases
A recent case that highlights this mounting concern involved Alliance Ground International, a cargo logistics company based in Chicago. The EEOC alleges the company discriminated against a deaf individual, refusing him employment. In another case, the EEOC sued Union Pacific Railroad for terminating employees they considered "color vision deficient." These are but a few examples among many, revealing a troubling pattern of discrimination.

Mental Health: An Emerging Concern
Adding to the spectrum of disability discrimination, the EEOC has started to spotlight employers who fail to accommodate mental impairments. Recent cases have encompassed issues related to autism spectrum disorder, ADHD, depression, anxiety, and PTSD.

Complexities of the ADA
The Americans with Disabilities Act (ADA) is a lifeline for many. However, its complexity can often be a double-edged sword. On one side, it offers protection to the disabled, but on the other, its intricacies can lead employers astray, sometimes unintentionally.

A Growing Regulatory Landscape
With the EEOC's budget set to grow by $26 million in the upcoming fiscal year, their vigilance is only expected to intensify. Topics like racial justice, diversity, equity, inclusion, and systemic discrimination are likely to gain even more prominence.

Your Right to Fair Treatment
No one should suffer discrimination in silence. The numbers and the cases are clear indicators that disability discrimination is an alarming concern that needs addressing. If you or someone you know has faced discrimination of any form, it's crucial to understand your rights and take action.

Lieb at Law, P.C.: Advocates Against Discrimination
At Lieb at Law, we stand steadfast in our mission to support and represent those who've been discriminated against. Armed with expertise, experience, and a deep understanding of the complexities surrounding the ADA, we're here to guide you every step of the way.

Have you faced discrimination? Don't suffer in silence. Reach out to Lieb at Law, P.C. today, and let us champion your cause.

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Lieb at Law Sets Out to Prove 'Egregious Emotional Distress' - a High Hurdle | Featured on Law.com

📣 Important Update from Lieb at Law!

🔹 Case Feature: As seen on law.com and the front page of the Connecticut Law Tribune, Lieb at Law, P.C. proudly represents Nancy Camp in her case against Adelbrook Behavioral Services Inc.

🔸 Case Summary: The heart-wrenching incident details how a young, vulnerable girl with severe cognitive disabilities was allegedly discriminated against, and “tortured” at Adelbrook. As a form of punishment, she was reportedly pinned down, and a lock of her hair was maliciously cut off.

🔹 Our Stand: At Lieb at Law, we are setting out to achieve a rare goal in the legal arena – proving egregious emotional distress. Our very own Andrew Lieb stated, “We pride ourselves on articulating emotional distress. The facts in this case unequivocally fit the standard. It's paramount for us to communicate the profound impact this has had on the young victim and her mother.”

🔸 Our Mission: We are determined to fight for justice for this Connecticut mother and her daughter. Every child deserves care, respect, and protection. Facilities designed to cater to children with special needs should be held to the highest standard of care.

🔹 Looking Ahead: The police report associated with this case is deeply concerning. Our focus now is on working towards mitigating the damage caused and ensuring such incidents are prevented in the future. 

📞 For legal advice or representation, contact us today. 646.216.8009

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PIX 11: Former Police Officer Retaliated Against by School for Defending Autistic Son's Rights. Lieb at Law Advocates for Justice

At Lieb at Law, P.C., we believe in protecting the rights of individuals who face unjust treatment. Today, we want to shed light on an alarming incident involving one of our clients, a courageous father and former police officer, who has recently faced retaliation from a local school district.

The heart of this story revolves around a dedicated father who took a stand against an unfair bathroom rule. Despite his valiant efforts to protect his autistic child's well-being, he became the target of unjust treatment from the school administration.

Our client, a former police officer who has devoted his life to upholding the law and safeguarding others, found himself banned from school property as a consequence of his bravery and commitment to fighting for what is right. It is disheartening to witness such retaliation against someone who simply sought equality and inclusivity for his child.

At Lieb at Law, P.C., we firmly believe that no one should face discrimination or retaliation for advocating for their loved ones. We stand with our client and his family, ready to support them in their pursuit of justice. 

PIX 11 News featured our client's struggle for justice. You can read the story in detail by following this link

https://pix11.com/news/new-york-father-says-school-retaliated-against-him-for-protecting-autistic-son/?utm_source=wpix_app&utm_medium=social&utm_content=share-link

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NEWSY: Supreme Court Hears Case Of Web Designer Who Doesn't Want To Work On Same-Sex Weddings. Analysis with Attorney Andrew Lieb

Supreme Court Hears Case Of Web Designer Who Doesn't Want To Work On Same-Sex Weddings. Legal Analysis With Legal Political Analyst Andrew Lieb on Newsy Tonight With Chance Seales.

https://youtu.be/oqg7nMihfaQ

 

Podcast | Social Media Posts Can Disprove Your Religious Exemption For Vaccine Mandates

The Lieb Cast discusses how your social media posts can disprove your religious exemption to vaccine mandates in the workplace. Plus we discuss how employers information requests could be actionable coercion / retaliation and a failure to engage in the interactive process. 

PODCAST LINK: Social Media Posts Can Disprove Your Religious Exemption For Vaccine Mandates

Podcast: Interview with Attorney Suing Texas Governor over Mask Mandate Ban

On episode 205 of The Lieb Cast, We bring on the Attorney who is representing the group of disabled children in Texas suing Governor Abbott over school mask mandate ban.  We predict the unraveling of several lawsuits to follow. Search "The Lieb Cast" on any podcast player. 

PODCAST: Religious Freedom to Discriminate

Town Insists "Whites-Only" church isn't illegal - Or is it? We discuss new legislation that can either get you sued or drive your success.

Listen to this week's podcast HERE. 

Podcast | New Discrimination Law Coming to NY: Notice of Right to Sue from Brokers

Discrimination in housing is no joke and real estate investors are exposed more than ever before. In this #METOO movement, elected officials all over the country have assured the public that they will be enforcing discrimination laws. In fact, we are about to see a new law in New York State that forces Real Estate Brokers to provide a new form to buyers and tenants that shows them how to sue for discrimination. Real Estate Investing Coach Andrew Lieb provides an update to the pending regulation and what landlords and brokers can do to prepare for this new law.

Listen to the podcast here 

Employers May be Exposed to a Sex Discrimination Lawsuit From...an Alleged Harasser?

In this “Me Too” era, it is logical that an employer’s reflexive reaction to receiving a complaint of harassment from a female employee is to immediately fire the alleged male harasser. However, while the employer may believe that firing the male employee will protect the employer from a lawsuit by the female employee, such impulsive action without a thorough unbiased investigation may expose the employer to a sex discrimination lawsuit filed by . . . the alleged male perpetrator. 

Read the full article by Mordy Yankovich, Esq. published in the Suffolk Lawyer here.