zaterdag 3 oktober 2009

Employment law- sexual orientation discrimination

Blog 2: Federal appeals court allows homosexual employee’s.

As we all know there is a lot of sexual orientation discrimination at the work floor. That’s the reason why the federal appeals court in Pennsylvania has ruled that the federal law prohibit employers from discriminating against gay and lesbian employees who do not conform with gender stereotypes.


Mr. Plaintiff Brian Prowel a homosexual who was employed by Wise Business Forms was taunted by his co- workers, they called him ‘Princess’ and wrote insulting messages in the men’s bathroom. The employer was terminated almost a year after unsuccessfully claiming his lawyer based on harassment for not fitting in. He thought the firm concerned him not rough enough compared with the other employees. Later on he brought this suit under harassment and wrongful termination because of sex and religious discrimination and retaliation. Who failed again because of the lack of federal law for sexual orientation. On appeal they reversed the lower court’s ruling. Because of the doubt off the discussion whether the discrimination was based on how a man should act or sexual orientation. The court ruled based on evidence that the harassment or discrimination was occurred because of sex.


Because of this article we can conclude that employers now the day’s have to be available to assist employers, need to have a policy against workplace harassment and have to train their employees on harassment prevention.


My first thoughts after reading this article was that it’s really awful that grown up’s are bullying people based on their sexual orientation. I think it must be already tough enough for people who find out that they are homosexual to life with it. They need to have already a sudden strength to “come out of the closet” against the world. I think that it’s a good thing that the court has decided this judgment.


Source: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1866


Magalie Van Belleghem 3RP1

Employment law

Blog 1: New power for employment tribunal

Employers in Jersey could be forced to re-employ workers they have previously fired after changes in employment law.

There is a new rule for the employment tribunals. The law for employment says that when the employer fired somebody he must have an urgent reason and handle his employee with respect.

The new rule is when the employee thinks that his discharge was unfair he can bring a claim of unfair dismissal to court and fight this against his employer. The conclusion for the employers is that in some cases they have to re-hire their employees after they fired them.
The proceedings that the tribunal must follow are:
- the tribunal will consider both the employers and the employees’ wishes
- find a compensation for both parties

The compensation is new, the tribunals have more freedom and can ask the employers to pay.
I think this is a good rule because there is enough abuse in the world of employers and employees. There are enough employers that thinking they can fire everybody without a good reason. Now can an unfair treaded employee claim his employer to re-hire him and give him a payment.


Written by Sofie Lanckriet, 3RP3

Source: http://news.bbc.co.uk/2/hi/europe/jersey/8284425.stm
Page last updated at 09:31 GMT, Thursday, 1 October 2009 10:31 UK