Retaliation

Yesterday, Minnesota Governor Mark Dayton signed into law an amendment to the Minnesota Human Rights Act that will ensure victims of discrimination and retaliation are entitled to a jury trial.  The bill, SF2322, was passed by the House and Senate in previous weeks and will go into effect on August 1, 2014.

Minnesota Jury Trial Attorneys

Previously, there was uncertainty over whether a victim of workplace discrimination, harassment, or retaliation would receive a jury trial, and to what level the jury’s verdict was entitled to deference.  Due to a legal intersection of federal, state, common, and statutory law, and depending on what claims were brought and in what venue, there were often instances were individuals who have been the target of illegal activity by their employer have only been allowed a trial by judge.   [click to continue…]

{ 0 comments }

On May 24, 2013, Governor Mark Dayton signed HF 542, a bill adding additional protections for whistleblowers.  The Minnesota Whistleblower Act (MWA) was originally passed in 1987, and the purpose was to prohibit employers from acting in a retaliatory manner against employees who made a good faith report of any federal or state law or rule adopted pursuant to law.[1]  Ambiguities in the language of the statute have allowed for many different interpretations on statutory meaning throughout the years.  In Anderson-Johanningmeier v. Mid Minnesota Women’s Center, Inc., the Minnesota Supreme Court dealt with conflicting case law in determining the applicability of a public policy requirement in relation to whistleblower claims.[2]  The court concluded that public policy requirement relating to all whistleblower claims was not in accordance with the statutory language.  While the additional protections signed into law by Governor Dayton do not deal with the public policy requirement, the additions help to clear up other potential ambiguities within the statute.

Minneapolis Employment Law Lawyers

HF 542 serves two purposes in aiding the original whistleblower act.  First, the new law provides a definitional framework for several key terms that were left for interpretation.  Three sections of § 181.931 have terms that are defined in the new law, in an attempt to reduce conflicting interpretations, and to clearly exemplify the laws intent in protection of whistleblowing reports.  Second the bill expands the scope reported violations that are protected. [click to continue…]

{ 0 comments }

Madia Law, representing a woman who worked at a Twin Cities technology company, has initiated a sex discrimination lawsuit against the company pursuant to the Minnesota Human Rights Act.  Just prior to the Plaintiff’s hire, the company (which has been in business for decades) employed dozens of men and not a single woman.

In Fall 2012, the Plaintiff commenced employment as a department manager. Around the same time, the Defendant hired two other women. During her interview, a senior-level executive told the Plaintiff that although he was willing to hire her, the company had bad past experiences with women and “doesn’t like to hire” them.  Shortly after starting, the Plaintiff was told that she would have to “prove” herself by, “doing better than any man” if she wanted to keep her job; she was also repeatedly told that she was, “at a disadvantage” because she was a woman. [click to continue…]

{ 0 comments }

In Bradwell v. Illinois, (U.S. 1873), the Supreme Court declared that allowing a woman to practice law would surely destroy her femininity. According to the 8-1 decision, law is a man’s profession and  women simply aren’t well-suited for such rigor. While that may seem archaic, it wouldn’t be until 1971 that the Court invalidated such discrimination by government against women. Reed v. Reed, (U.S. 1971). And while the Civil Rights Act of 1964 and various other laws have sought to end such discrimination, today’s United States women make only 78 cents for each dollar made by their male counterparts.

Although Bradwell was decided 140 years ago, there are those who believe such sentiments are still alive and well within some industries. In a federal lawsuit against Kleiner, Perkins, Caufield & Byers, Ellen Pao has prompted a discussion regarding whether such a culture pervades Silicon Valley.  In her three-count Complaint, Pao alleges gender discrimination, sexual harassment, hostile work environment, and retaliation; the suit also makes reference to purported discrimination and harassment against multiple female employees of the firm, including assistants and other junior partners. Some highlights from the Complaint that suggest Pao’s allegations are broader than her personal circumstances: Read More . . .

{ 1 comment }

Medical Leave and Maternity Leave

Hansen v. Robert Half Intnt’l (Minn. 2012):  The Minnesota Supreme Court ruled this week that employees taking medical leave from work do not need to mention the Minnesota Parental Leave Act (MPLA) in order to have their jobs protected by the law while on medical leave.

Read More . . .

{ 0 comments }

This was a case in which an Asian American manager was chosen for termination pursuant to a reduction in force by his employer.  In hard economic times, employers sometimes need to cut back in their workforce, and there’s nothing illegal about that.  The issue in this case, though, was that the employer chose this particular manager for termination, despite the fact that he had more experience, better performance reviews, and better attendance than his only peer.

Read More . . .

{ 0 comments }

A Carver County District Court judge ruled against Lakeview Clinic’s motion for summary judgment and held that Madia Law client Dr. Sam Deweese should be allowed to proceed to trial on each of the seven counts pled in his complaint.

Dr. Deweese worked as a family practice physician for nearly twenty years at Lakeview and earned high praise from his patients.  He devoted his entire working life to the institution, committed himself to a high standard of excellence in his profession, and committed a large capital contribution in order to secure his partnership.  Dr. Deweese alleges that Lakeview’s relationship with him changed after he was diagnosed with bipolar disorder in summer 2007.

Read More . . .

{ 0 comments }

“Sam” worked as a salesman for several years at the same company. On occasion, he heard his supervisor and colleagues use anti-Semitic slurs in the workplace. Sam sent a very polite email stating that he had family members who died in the Holocaust and would like it if the comments stopped. All of a sudden, Sam’s employer began targeting him at work. He was disciplined six times within the next eight weeks, even though he had not been disciplined a single time over six years of employment before his complaint. Ultimately, Sam’s employer fired him.

Read More . . .

{ 0 comments }

Madia Law represented “Jennifer” (name changed for confidentiality reasons), a young woman who was sexually harassed by her supervisor of a period of months. Jennifer’s supervisor:

  • repeatedly bragged to her about his sexual endurance;
  • made vulgar comments about her physical appearance;
  • turned innocent conversations into sexual innuendo;
  • told Jennifer that she should leave her fiancee to be with him;
  • told Jennifer to perform lap dances for him as he waived $20 bills at her;
  • repeatedly invaded Jennifer’s personal space;
  • insisted that Jennifer view pornography that he kept on his palm pilot phone; and
  • suggested that Jennifer wear a thong to work.

Even though this supervisor had engaged in sexual harassment at previous jobs, he was still hired.  When Jennifer complained about the sexual harassment, she was terminated.

Read More . . .

{ 0 comments }

Minnesota Employment, Wrongful Termination Lawyers

Dear Friends,

I am excited to inform you that I am starting a new business venture, Madia Law LLC – a dynamic and aggressive law firm that will serve Minnesota individuals and small businesses.

Read More . . .

{ 0 comments }