Let Freedom Ring: Why July 2nd is so Important to US History

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dc-fireworks2We are two days away from celebrations, parades and fireworks.  We at the Phillips Law Firm would like to wish everyone a very happy, and safe, 4th of July.  Our independence should never be taken for granted.  It should be embraced and celebrated every single day.

Before the official Independence Day festivities begin, however, we at Phillips Law Firm wish to take a moment to honor the importance of this day, July 2, 2014.  This day is important because, like the 4th, it’s a day that celebrates the true freedom of our nation.  However, unlike the 4th, it’s a day that celebrates, more so than our nation as a whole, the rights and freedoms of the minorities of our nation.

This is because today marks the 50th Anniversary of the Civil Rights Act of 1964.  This Act sought to: outlaw discrimination, end racial segregation, and protect the voting rights of minorities and women.  As we celebrate today’s Anniversary, let’s take a quick look back at one of the most important civil rights laws in the history of the United States.

A Brief History Lesson

The Declaration of Independence stated that “All men are created equal.”  This quote, however, only really applied to wealthy white landowners when our nation was first formed.  Granted, equality was expanded in time following the Civil War when slaves were declared free.  Equality was also expanded via the 15th and 19th amendments which granted women and non-white people the right to vote.  Nonetheless, even after such monumental events, we as a nation were definitely not all free people.

If we turn the clocks back only about 60 years, people in the United States were still being denied their basic civil rights.  For example, Jim Crow laws in the south permitted racial segregation.  Further, at this same time, discrimination based on gender, race and religion was considered legal.

Prior to his assassination, President John F. Kennedy called for greater civil rights laws that would afford increased liberties for minorities and women.  After his assassination, President Lyndon B. Johnson echoed these hopes.  His hopes came to fruition on July 2, 1964 when he signed the Civil Rights Act into law.

Main Provisions of the Civil Rights Act

Many label the Civil Rights Act as “the bill of the century.”  Yet, many of us really do not understand the true importance behind the act and what it did for our country.  To help us all understand the act’s importance, let’s consider some of its main provisions.  Under the act:

  • The voting requirements for all people must be the same
  • Discrimination is outlawed in all public places
  • Access to public facilities cannot be denied based on race, religion or national origin
  • Public schools shall not be segregated
  • Government agencies shall not discriminate
  • Employers shall not discriminate based on race, gender, religion, or national origin

Did You Know?

The provisions of the Civil Rights Acts were ground-breaking and emancipating dictates for many members of our country.  These provisions should be celebrated for the breadth and strength of the liberties they created.  The act itself is also interesting.  For example, consider these three quick facts.

  • A greater percentage of republicans, in both the House and Senate, voted in favor of the act versus democrats.
  • Southern democrats vehemently opposed the act and filibustered for 83 days.
  • Malcolm X and Martin Luther King Jr. met for the first, and only time, during Senate debates on the act.

“Let Freedom Ring”

Martin Luther King Jr. powerfully breathed life into these three words during his I Have a Dream Speech delivered on August 28, 1963.  We should embrace these words today, for although freedom will ring loudly in just two days for us all, this freedom was not shared equally by all until a mere five decades ago.  Our firm is deeply rooted in these words since freedom and justice is what we seek and not just justice for some…but justice for you and justice for all.

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Employer Retaliation and Workers’ Compensation

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Employers faced with increased insurance costs because an employee sought their rightful workers’ compensation benefits, may be tempted to retaliate against that employee. While there is no federal law prohibiting workers’ compensation retaliation, most states have laws guarding employees against such retaliation, depending on the facts of your individual case.

Employees who acted in good faith in filing for workers’ compensation benefits or engaging in protected activity are safeguarded against employer retaliation. Although you may file a retaliation claim even if you did not win your underlying workers’ compensation claim, you may not be protected from retaliation if you knowingly filed a false or fraudulent workers’ compensation claim.

In order to be protected, you must have exercised a right granted by the workers’ compensation program. The best way to make sure anti-retaliation laws cover you is to complete and file the necessary claims documents promptly after becoming injured.

In order to win a case of workers’ compensation retaliation in Washington, generally you must be able to prove all four of the following:

• That you were an employee entitled to receive benefits under workers’ compensation law • That you took a protected activity, such as filing a claim for compensation • That you suffered an unfavorable employment action, such as demotion, termination, change of job duties or employment conditions, lowered pay or unwarranted disciplinary actions • That the employer imposed these actions while motivated by your protected activity

Showing “causation”, or that your employer’s actions were caused by your protected activity, is often the most disputed and difficult part of proving your retaliation claim. Most states, including Washington, require that your protected activity be a determinative factor, and not the sole reason for retaliation.

The circumstances of your individual case will determine if you were illegally discriminated against. Other legitimate reasons for disciplinary actions, such as violation of company policy or poor performance reviews, can sometimes play a large role, and can be used by the employer to defend against your claim of retaliation.

Conversely, unlawful retaliation can be inferred from timing, deviation from normal practices, or a pattern of adverse actions against employees who file workers’ compensation claims.

If you have filed a workers’ compensation claim and suffered retaliation for doing so, you may have a legitimate workers’ compensation retaliation claim. Time limits may apply, and waiting may cost you your rights to take action against your employer.

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Employer Discrimination and Workers’ Compensation

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Your employer is not legally allowed to discriminate or retaliate against you for filing a workplace injury claim, saying that you are going to file a claim, or for seeking all of the workers’ compensation benefits to which you are entitled under Washington State law.

Examples of discrimination or retaliation by an employer may include:

  • Firing you or laying you off
  • Demoting you or assigning you to an undesirable shift
  • Denying you a promotion
  • Reducing your wages or benefits
  • Refusing to adjust your job duties to meet the light-duty restrictions ordered by your doctor

However, if the employee has failed to learn and follow safety or health rules, not followed the employer’s policies, or has suffered numerous on-the-job injuries, the above actions may or may not be considered employer discrimination under Washington State law.

Protection from Employer Discrimination

If you are unsure and need to determine whether or not your employer’s actions are considered to be discriminatory, contact an experienced Workers’ Compensation attorney immediately.

If you believe you have been discriminated against after filing a workplace injury claim, you may obtain a complaint form online or at your local L&I office. Complaints are also accepted in written form, although forms are encouraged because they make it clear what pertinent information is needed. You can mail your completed complaint form to: Department of Labor & Industries, P.O. Box 44277, Olympia, WA 98504-4277. Customer service representatives, claim managers, or any representative of the Department of L&I also accepts forms.

How a Workers’ Compensation Attorney Can Help

While employers are required by Washington State to comply with Workers’ Compensation and allow workers to file claims, some employers retaliate against injured employees for pursuing Workers’ Compensation benefits. Workers have the right to bring a lawsuit against employers who engage in forms of illegal retaliatory action. A knowledgeable Seattle workers’ Compensation attorney can help guide you through this process.

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3 King County Sheriffs to Recieve $1 Million Settlement in Sexual Harassment Case

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Three female King County sheriffs will receive $1 million from King County to settle their sexual harassment lawsuit. The three victims filed a lawsuit against King County, alleging that they had been victims of sexual harassment and verbal abuse for years by 2 male sergeants. The King County Sheriff’s Office had ignored their multiple complaints, so the three women decided to file a lawsuit.

The lawsuit alleged that two King County sergeants in the Special Assault Unit had made inappropriate comments to the women for years, and treated them more harshly than male counterparts. They sought compensation for years of emotional trauma, as well as an apology from the men.

Stories like this one are still all too common in today’s work environment. Women are subjected to crude comments that are sexual in nature and made to feel uncomfortable in their jobs. In addition, many women are subjected to unwanted sexual contact, and even sexual assault while working. Sexual harassment often traumatically impacts a woman’s work performance, self-esteem, mental health, and relationships.

If you have been the victim of sexual harassment in the workplace, it is important to know that you are not alone. Sexual harassment is a form of discrimination and it violates the Washington State Law Against Discrimination, RCW 49.60 and Title VII of the Civil Rights Act of 1964. If you file a complaint with your employer, alleging sexual harassment has occurred, your employer must investigate complaints and take prompt action to stop the harassment. It is against the law for an employer to retaliate against anyone who has filed a sexual harassment complaint.

Sadly, many employers outright ignore complaints of sexual harassment in order to avoid taking action. Victims may be subjected to even more harassment or suddenly find their jobs in jeopardy. When this occurs, it is time to take legal action.

Contact Seattle Sexual Harassment Attorneys

If you believe that your employer, a co-worker, or someone in the workplace has violated your employee rights, an experienced Seattle employee rights attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle employee rights lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The employee rights lawyers at Phillips Law Firm have successfully represented individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington. 

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Use Your Sick Leave to Care for Your Family with Washington’s Family Care Act

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Washington State SealWhat is the Washington State Family Care Act

Washington State’s Family Care Act (2002) allows workers with available paid sick leave or other paid time off, to care for a sick child with a routine illness; a spouse, registered domestic partner, parent, parent-in-law, or grandparent with a serious or emergency health condition; and an adult child with a disability.

How the Act Helps Employees Care for Loved Ones

Workers with paid leave benefits are entitled to use their choice of earned paid sick leave or other earned paid time off to care for a sick family member. As long as workers are eligible to use their earned paid leave for their own illnesses, they must also be allowed to use it for a family member, covered under the Act, who is ill.

Workers with Disability Plans

Depending on the type of plan and whether or not the employer offers paid leave for an illness, an employee may or may not be able to use their disability plan as paid time off to care for a sick family member. Individual plans may need to be evaluated on a case-by-case basis to determine if an employee is covered.

How the Act Affects Employers and Business Owners

The Washington State Family Care Act does not require businesses to offer paid sick leave, but rather it ensures employees who have earned sick leave or other paid time off are able to use this leave to care for sick family members, as specified by the law.

Businesses cannot apply attendance policies to workers when they use their paid leave to care for sick family members under the Family Care Act. They can however, establish and apply attendance policies when workers use paid leave for their own illnesses. Businesses cannot discriminate against workers for exercising their rights to sick leave, but if a worker abuses a sick leave policy, an attendance policy may then be applied.

The law, however, does not restrict an employer’s right to require verification of an illness or other health condition described in the Family Care Act. The law states that an employee taking leave under this law must comply with the terms of the employer’s policy applicable to the leave. If the employer’s policy requires medical certification for using leave for an illness, that same policy is applicable when an employee uses the leave for the care of family members.

Contact Seattle Employee Rights Attorneys

If you believe that your employer, a co-worker, or someone in the workplace has violated your employee rights, an experienced Seattle employee rights attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle employee rights lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The employee rights lawyers at Phillips Law Firm have successfully represented individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington. 

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Is Discrimination Over for White Women in Washington?

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Last year, the Washington State Department of Transportation set about to determine if women and specific minority groups were still experiencing discrimination when being awarded contracts on public works projects. They hired Colorado-based BBC research and consulting group to conduct this study. BBC found that firms that were owned by white women were winning enough contracts without the federal Disadvantaged Business Enterprise program.

Due to these findings, WSDOT wants to remove white women from the DBE program. Women in Highway Construction, a group of white women who own DBE-certified firms, vehemently oppose these findings and the change WSDOT wishes to implement. As such, they have threatened to file a lawsuit and argue that discrimination is still ongoing in Washington State.

“Lacking evidence of discrimination against Caucasian women-owned business in the local marketplace, WSDOT cannot include them in contract-specific DBE goals.”

—Kris Rietmann, WSDOT Assistant Communications Director

White Washington women in business aren’t buying it. At a public meeting in Shoreline, they pointed out several flaws in the study that was conducted and cited examples of women who were not interviewed for the report. WSDOT is currently listening to the comments until February; then the decision will head to the U.S. Department of Transportation, who will ultimately make the final call.

Women have long been discriminated against in businesses, especially in industries that are dominated by men. While it is against the law to discriminate based on sex, it still occurs rather frequently. Women may be overlooked for raises, promotions, or even demoted in favor of a male counterpart. Women-owned businesses may not be awarded contracts, even in situations where they are the lowest bidder or the most qualified company for the job.

Contact Seattle Employee Rights Attorneys

If you believe that your employer, a co-worker, or someone in the workplace has violated your employee rights, an experienced Seattle employee rights attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle employee rights lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The employee rights lawyers at Phillips Law Firm have successfully represented individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington. 

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Everett Police Officers Allege Racial Discrimination in the Workplace

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Everett, WA CourthouseThree Everett Police officers filed a federal lawsuit against the Everett Police Department claiming racial discrimination. The lawsuit alleges that even though the officers together had more than 60 years of experience, they were denied promotions because of their race. Racial discrimination in the workplace is illegal and a basis for filing an employee rights lawsuit.

Sgt. Garcia was Everett’s first Hispanic and bilingual officer. He alleges that he was treated harshly by superiors and eventually demoted due to his race. In addition, he claims that he city and the police department failed to review or investigate his complaints about the unfair treatment he was receiving.

Sgt Wolfington is a retired officer who left the department last year after a 20-year career there. He is Native American and claims that he was mistreated during his tenure there as well. These two officers repeatedly blamed a Captain for the hostile work environment that they had to endure all these years. The Captain who is under attack was part of a discrimination lawsuit more than 20 years ago as well.

Ofc. Mah, has been with the Everett Police Department for almost 20 years. He insists that officers who failed testing or who ranked lower were promoted ahead of him because he is Asian. Supervisors or city officials also never investigated his complaints.

The Civil Rights Act of 1964 prohibits race discrimination in the workplace. Even though it is illegal for an employer to discriminate based on race, it still unfortunately happens on a regular basis. To make matters worse, it isn’t always apparent. Employees may be passed over for raises, promotions, or honors simply because of their race or color.

While it may be difficult to prove that you were not promoted because of your race, it is not impossible. As such, if you feel that you have been unfairly treated or denied advancement because of your race, it is important to speak to a Seattle employee rights lawyer immediately.

Contact Seattle Employee Rights Attorneys

If you believe that your employer, a co-worker, or someone in the workplace has violated your employee rights, an experienced Seattle employee rights attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle employee rights lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The employee rights lawyers at Phillips Law Firm have successfully represented individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington.

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OSHA Awards Washington Trucker with Lost Wages

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OSHAThe Department of Labor’s Occupational Safety and Health Administration (OSHA) recently ordered the Auburn, Washington based fleet, Oak Harbor Freight Lines, to pay one of their truck driver’s lost wages. According to OSHA, in 2010, the truck driver notified his carrier that he was sick and taking a prescribed cough medicine. This cough medicine would make it unsafe for him to safely drive his truck. The company then suspended the driver without pay for refusing to drive.

OSHA believes that this trucking company retaliates against workers who refuse to drive for safety reasons, putting them in direct violation of the Surface Transportation Assistance Act. This Act protects all drivers from retaliation by employers when they refuse to drive for safety reasons.

In addition to paying the truck driver back wages, OSHA ordered the trucking company to stop issuing “occurrences” to their drivers, which punishes them for not driving. This directly encouraged truck drivers to break safety regulations, for fear of losing their jobs, being suspended, or receiving disciplinary action.

“Punishing workers for exercising their right to refuse driving assignments is against the law. A company cannot place its attendance policies ahead of the safety of its drivers and that of the public.”

— David Mahlum, OSHA’s acting regional administrator in Seattle

Unfortunately, many trucking companies throughout the State of Washington do penalize their drivers for refusing to drive. This is not only dangerous, but it is also against the law. They may encourage long hours of driving, penalize drivers for delivering cargo late, or even facilitate the falsifying of driving logs. Truckers are then put in a precarious position—risk safety violations or lose your job.

Contact Seattle Employee Rights Attorneys

If you feel that your employer has violated your rights, an experienced Seattle employee rights attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle employee rights lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The employee rights lawyers at Phillips Law Firm have successfully represented individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington. 

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“At Will” Employment in Washington – What are Your Rights?

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FiredWashington is an “at will” employment state. This means that employers have the right to terminate your employment without notice, warnings, or reasons. It also means that you have the right to leave your job without giving warning, notice, or reasons. Yet this does not mean that employers can terminate someone wrongfully.

So how do you know if you were wrongfully terminated? An experienced Washington State employee rights lawyer may be able to help answer your questions, review the situations surrounding your termination, and see if you are eligible to file a wrongful dismissal lawsuit against your employer.

Employers are still bound by basic rules of employment and employee rights must not be violated. This means that employers are not allowed to fire or terminate someone based their race, creed, color, national origin, marital status, age, sexual orientation, disability, or sex. It also means that employers cannot terminate someone after they have filed a workplace rights complaint or a workers compensation claim.

It is also against the law to terminate an employee as retaliation for whistleblowing, joining a union, or complaining about unsafe working conditions. Making a complaint is not grounds for termination and if you were terminated for complaining about the safety of your work environment or exposing wrongdoing in the company, it is important to retain legal counsel immediately.

If you believe that you have been wrongfully terminated, you may have cause to file a claim. When you meet with your attorney, bring a copy of your offer letter, your termination letter, and any other emails or documentation that support your case. Even in “at will” employment states, employees still have rights that must be protected.

One of those rights it’s the right to ask the reason why you are being discharged from your duties. Once you request this reason, your employer has 10 days to reply in writing. Once you have the reason you were terminated, contact an employee rights lawyer to see if you have cause to file a claim.

Contact Seattle Employee Rights Lawsuit Attorneys

If you believe that your rights have been violated at work or that you were wrongfully terminated, an experienced Seattle employee rights lawyer at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle employee rights lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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Washington Employees Have Rights to Privacy

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Facebook at workThis summer, the State of Washington passed a social media law, effectively restricting an employer’s right to use and access their employee’s social media accounts. It also restricted their involvement in the social media activities of prospective employees. Oregon also passed a similar bill that went into effect on January 1, 2014.

Washington employees have a right to privacy—even on the Internet. These laws prohibit Washington employers from requiring, requesting, and coercing an employee or prospective employee to give them access to their social media accounts. This includes sharing passwords or login information, asking an employee to “friend” them, or coercing employees to allow you to view their social media account.

Employers were beginning to step over the line and snooping on sites like Facebook to gain personal information about employees. This information was then used as a basis for termination or demotion in the company or used to deny employment. Now, all employees have a right to privacy and should refuse any employer who asks to gain access to their social accounts.

Employees in Seattle should be aware, however, that this law does not protect the content on social media sites that is shared publically. Before you post anything on a social media site, be sure to check your privacy settings and ensure that you are not posting publicly. If a boss or an employer asks to “friend” you on Facebook, consider carefully before accepting this request.

If your employer has gained access to your social media accounts illegally or coerced you into sharing your password or login information, it is important to know that you have rights. An experienced Seattle employee rights lawyer can help you protect your privacy and ensure that your rights are not violated.

Contact Seattle Employee Rights Attorneys

If you believe that your employer has violated your rights as an employee, it is important to contact an experienced Seattle employee rights attorney. To learn more about your legal options, call us at 1-800-708-6000. Our Seattle employee rights attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The employee rights lawyers at Phillips Law Firm have successfully represented employees in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington. 

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