ThinkProgress Logo

Stories tagged with “employment law

Alyssa

How ‘Mad Men’ Got History—And Its Characters—Right In Expanding Its Focus On Race

Race has always hovered around the edges of the storytelling in Mad Men, though the racial politics of the sixties have usually served to illustrate characters’ personalities, rather than driving the storytelling. When Pete Campbell notes the emergence of a distinct black market, it’s an illustration of his sharpness as an advertising executive, and his inability to push the insight forward through conversations with the office building’s elevator operator serves as a reminder of his social deficits. Paul Kinsey’s decision to go on a Civil Rights organizing trip with his girlfriend is more about demonstrating his desire to simultaneously ingratiate himself and prove he’s on the cutting edge than about him actually having particularly evolved racial attitudes. Lane Pryce’s dalliance with an African-American Playboy Bunny was an act of fairly childish rebellion against his father, as much as his wife. And Peggy’s willingness to take Dawn, her replacement as Don’s secretary, home for the night, only then to worry that the more junior woman might steal from her, is an illustration of the struggle between her desire to be kind and her self-interest.

Mad Men creator Matthew Weiner’s been actively resistant to the idea that he has to tell stories about the Civil Rights movement on the show in the past, even though he’s obviously made a choice to depict a segment of Madison Avenue that’s whiter and more male than the industry was overall. So Sunday’s episode of the show, in which we both learn more about Dawn Chambers (Teyonah Parris), Sterling Cooper Draper Pryce’s first African-American employee, and see racial and gender strife come to the firm not through a racial incident but through the kind of petty office politics that have driven so much of the show’s drama for the past five years, feels both like a response to long-running criticism of the show and a rebuke to the critics, Weiner showing us that his show would get to a key subject in what he determined to be good time, and in his own way.

What Weiner decided to do was make Dawn’s race a factor in a conflict that was simultaneously larger and smaller. While Dawn wasn’t willing to skip out on work to help Scarlett (who must be named for Miss O’Hara, in a great nod to pop culture’s influence even on these pop cultural characters), she did agree to punch her fellow secretary’s time card. When Joan found out, she fired Scarlett for effectively stealing wages from the company, setting up a confrontation between her and Harry, who resents that Joan is a partner, while Harry’s work on television hasn’t earned him the same thing—”It’s a shame my accomplishments happen in broad daylight,” he spits at her in public, ignoring that what earned the partners that title was sacrifice and investment, not personal accomplishment—and bringing up the question of Dawn’s race as one factor, along with her lower level of complicity in Scarlett’s offense, in the decision about whether to fire her.
Read more

Health

Restaurant Company Uses Obamacare As An Excuse To Shift To Part-Time Workers

Darden Restaurants Inc., which owns the Red Lobster and Olive Garden chains, announced that it will experiment with shifting more workers to part-time status due to impending health benefit requirements under Obamacare.

Starting in 2014, Obamacare requires firms with 50 or more full-time workers to offer these employees basic health benefits or risk paying a fine. While studies have shown that Obamacare only modestly increases health care spending for large firms — while actually reducing it for smaller employers — that has not stopped some large employers from painting Obamacare as a burdensome bogeyman. As ABC/WJLA reports:

In fact, Paul Keckley, executive director of the Deloitte Center for Health Statistics, noted that follow-up legislation might be needed to ensure that companies do not shift more workers to part-time status to avoid providing coverage.

“There’s not a company in those industries that aren’t looking at this,” Keckley said.

This summer, for example, McDonald’s Corp. Chief Financial Officer Peter Bensen noted in a conference call with investors that the hamburger chain was looking at the many factors that will impact health care costs, including its number of full-time employees.

Employers have long looked to shift the cost of medical coverage onto their employees by cutting benefits, increasing required worker contributions to health plans, and other unsavory tactics such as Darden’s experiment in shifting workers from full-time to part-time status — a change that legally only requires a 10-hour per week reduction in hours worked. This is also not the first time that Darden has engaged in anti-labor practices. The firm was recently sued by a labor activist group for circumventing the federal minimum wage by paying workers a “tip credit wage” as low as $2.13 per hour.

Darden’s latest tactic is another example of employers prioritizing profits over employees’ satisfaction and well-being. Preventing employers from engaging in this kind of benefit-dodging is an example of a worker and consumer protection that could supplement Obamacare. Without such protections, large corporations in particular might use the landmark reform law as a convenient excuse for providing less worker benefits and protecting their bottom lines.

Alyssa

Taylor Branch On Paying College Athletes and Athletes’ Rights As Employees

The recent decision by college football’s biggest schools to institute an end-of-season playoff to determine its champion will no doubt generate millions of dollars in additional revenue for the sport and its participating schools, and it has added fuel to a growing debate about whether the people who make it all possible — the thousands of players at colleges and universities across the country — should get a piece of the pie.

For a brief moment, the NCAA thought they should. Last year, the organization that oversees college sports initially gave conferences and schools the right to give a $2,000-a-year stipend but delayed the proposal shortly thereafter due to concerns about its implementation. Recently, college football’s most prominent coaches, including the University of Texas’ Mack Brown and all 14 coaches in the Southeastern Conference, have revived the idea, backing the idea that if a playoff is going to help make bowl executives, coaches, athletics directors, and even the NCAA president rich, the players ought to get a cut too.

To traditionalists who value “amateurism,” the idea of paying college football players is absurd. To author and civil rights historian Taylor Branch, though, it is a matter of human rights.

“My concern is not ensuring that the athletes get paid, but ensuring that they get their rights,” Branch told me in an interview. The fight to reform the NCAA and make it more equitable for athletes, he says, isn’t just about compensation, but about giving the players bargaining rights and making them consenting participants in the system. “If you are a grad student at the University of Texas,” Branch added, “you can bargain for how much you get paid as a teaching assistant.” If you’re a college athlete, no such rights exist.

The stipend, as proposed, is a complicated issue, Branch said, since it doesn’t appear to change that. “They’re still within the framework of the old system,” Branch said. “The coaches and athletics directors decide (how much they get paid). This is like a tip a waiter gets. You can’t get market values, and you can’t object to it without being called unethical.”

Read more

LGBT

Employment Opportunity Commission Ruling Protects Transgender Individuals From Workplace Discrimination

Our guest bloggers are Jeff Krehely and Crosby Burns, who work on the LGBT Research and Communications Project at American Progress.

Late yesterday, the Equal Employment Opportunity Commission (EEOC) issued a comprehensive ruling giving transgender individuals sorely-needed federal protections against discrimination in the workplace. According to the ruling, employers who discriminate against employees or job applicants on the basis of gender identity can now be found in violation of Title VII of the Civil Rights Act, specifically its prohibition of sex discrimination in employment.

This ruling marks the first time that the EEOC has held that transgender people are protected from discrimination by federal law. Chris Geidner broke the story late last night in Metro Weekly:

“The opinion came in a decision delivered on Monday, April 23, to lawyers for Mia Macy, a transgender woman who claims she was denied employment with the Department of Alcohol, Tobacco, Firearms and Explosives (ATF) after the agency learned of her transition. It also comes on the heels of a growing number of federal appellate and trial courts deciding that gender-identity discrimination constitutes sex discrimination, whether based on Title VII or the constitutional guarantee of equal protection of the laws.

The EEOC decision, issued without objection by the five-member, bipartisan commission, will apply to all EEOC enforcement and litigation activities at the commission and in its 53 field offices throughout the country. It also will be binding on all federal agencies and departments.

The implications of this ruling are precedent setting. Prior to yesterday’s ruling, only 16 states and the District of Columbia prohibit employment discrimination based on gender identity. Going forth, this precedent-setting decision puts in place comprehensive protections for transgender workers that apply to both private and public employees across the entire United States.

Specifically, thanks to the ruling in this case (brought forward by the Transgender Law Center) transgender people are now protected by federal law and have legal recourse if they are denied a job or fired because they are transgender. Should a transgender person file a complaint with the EEOC and should the EEOC determine that case has merit, the EEOC now has the legal standing to sue the employer for discrimination under Title VII.

Read more

Justice

Florida Foreclosure Law Firm Fires 14 For Wearing Orange

Law office website for Elizabeth R. Wellborn, P.A.

Law office website for Elizabeth R. Wellborn, P.A.

Fourteen employees of a Florida law firm that specializes in foreclosure were summarily fired Friday for showing up to work wearing orange shirts. The law offices of Elizabeth R. Wellborn, P.A dismissed the employees even though several said their choice of attire was an innocent plan to match at a planned happy hour.

The law firm represents “institutional and private lenders in the reclamation of titled assets” — working to represent the mortgage lenders who are foreclosing on the homes of Floridians. The Sunshine State has one of the highest foreclosure rates in the nation.

The firm’s website boasts that its “Eviction Department has established key relationships with a network of attorneys that, collectively, expedite processes and keep costs as low as possible” for lenders.

As ABC News noted, Florida is an at-will employment state, meaning employers can dismiss employees for virtually any reason, with few rights or protections for workers. One employee told the Ft. Lauderdale Sun-Sentinel, “I’m a single mom with four kids, and I’m out of a job just because I wore orange today.” The employees reportedly were given no severance pay. The firm told the Sun-Sentinel that it had no comment on the firings.

It seems Elizabeth R. Wellborn, P.A. specializes in expediting both throwing people out of their homes and out of their jobs.

LGBT

11th Circuit: Transgender Discrimination Is Sex-Based Discrimination

A Georgia transgender woman has won her appeal that she was illegally fired for planning to make her gender transition. Vandy Beth Glenn had been a legislative editor in the Georgia General Assembly, but her supervisor, now-retired legislative counsel Sewell Brumby, testified that he found the thought of her transition “unsettling,” “unnatural,” and something that others would view as “immoral.” An 11th Circuit panel ruled that her termination constituted sex discrimination and the decision could have a far-reaching impact on protecting the rights of transgender people:

In each of these foundational cases, the Court concluded that discriminatory state action could not stand on the basis of gender stereotypes. The Court’s more recent cases reiterate that the Equal Protection Clause does not tolerate gender stereotypes. Accordingly, governmental acts based upon gender stereotypes–which presume that men and women’s appearance and behavior will be determined by their sex–must be subjected to heightened scrutiny because they embody “the very stereotype the law condemns.”

We conclude that a government agent violates the Equal Protection Clause’s prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity.

The state could still appeal this decision to the full 11th Circuit or the U.S. Supreme Court.

It is worth noting that all three judges on the panel concurred, including Judge William H. Pryor. Pryor’s nomination to the bench was opposed by LGBT groups, who noted that he had filed an amicus brief supporting sodomy laws in Lawrence v. Texas. He also cast the deciding vote to oppose hearing a challenge to Florida’s law that banned gay people from adopting.

LGBT

USAID Takes First Step Towards Protecting LGBT Workers — Federal Government Must Follow Suit

Our guest blogger is Crosby Burns, special assistant for the LGBT Research and Communications Project at American Progress.

Earlier this month, the U.S. Agency for International Development (USAID) implemented a new policy that “strongly encourages” companies that contract with the agency to implement and enforce comprehensive nondiscrimination policies on the basis of sexual orientation and gender identity. While this policy change is not mandatory, it sends a strong signal to existing and prospective USAID contractors to adopt workplace protections that would shield the LGBT workforce from employment discrimination. This administrative move comes at a time when the LGBT population continues to face high rates of discrimination at all levels of employment.

USAID is likely the first agency to encourage federal contractors to include sexual orientation and gender identity in their nondiscrimination policies, building on existing regulations that require nearly all federal contractors (not just USAID contractors) and subcontractors to have employment nondiscrimination policies that include race, religion, color, sex, and national origin. Sexual orientation and gender identity are currently absent from this list of requirements — and should not be.

Fortunately, American voters and businesses support these protections. Earlier this year, a CAP poll found that 73 percent of likely 2012 voters would extend federal employment protections to the LGBT workforce, including 74 percent of Independents, and 66 percent of Republicans. The same poll concluded that 63 percent of small businesses back the effort and the overwhelming majority report that the cost of compliance is minimal. As a result, 89 percent of Fortune 500 companies have already adopted policies that prohibit discrimination on the basis of sexual orientation, and 43 percent protect their workers on the basis of gender identity.

In this economy, nobody should be forced out of a job for non-work related factors such as sexual orientation and gender identity. Policy changes that seek to protect LGBT employees are no longer just a civil rights concern, but should also be included in any pro-jobs legislative agenda.

Alyssa

The Hollywood Idea-Stealing Lawsuit

On Monday, I asked what the impact would be if the Supreme Court a) takes a case accusing SyFy of stealing an idea for a television show and b) rules that the network had implicitly created a contract between itself and the people pitching a show. Copyright lawyer Michael Salerno explains that it’ll likely lead to more specific contracts, rather than easier entry into the business for people who aren’t established but have original ideas:

The Court can’t allow for ideas to be copyrightable or a numebr of writers will just submit any number of rather generic scripts and then sue the pants off of networks that develop similar shows. Can you imagine a writer being able to have a copyright in an idea like “six friends live in New York and have their love lives intertwine”? There goes just about every 30-minute sitcom ever. If the writers win on a contract basis (which is MUCH more likely), studios will just create more specific contracts that state any screenplay submitted is either a) a work for hire whose copyright resides in the studio, or b) that the network reserves the right to develop a series based on the idea within the script without remuneration for the writers. Tough terms, to be sure, but that is what will likely happen.

And Rhys Boyd-Farrell suggests that among the things that could get included in such contracts is a requirement that disputes be settled by arbitrartion rather that the courts, something that’s been a significant trend in employment and contract law in any case.

Zack Stentz suggests that it could also bring about changes that, in addition to helping avoid idea-stealing claims, would be total catnip for nerdy television critics like yours truly:

I think if this brings about any changes, it will be to force the studios and networks to more carefully document their development process. I don’t know what the facts are in this case, but simultaneous creation does happen all the time. When we meet with producers or studios and they pitch us ideas, we’re always really careful to say “that sounds great, but unfortunately we’re already working on an idea like that and we don’t want to step on it.” If NBCU already had a paranormal investigator idea in the works, they should have documented it somewhere and told these people when they came to pitch them.

I may be a little burned out by origin stories for characters, but I do like a good origin story for a piece of art.

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up