Tuesday, May 22, 2018

We Pass All These Laws…

And we think that we have protection from discrimination by our boss and co-workers but business has done an end run.

You know that employment contract that you signed well you probably signed away your protection.
Supreme Court upholds agreements that prevent employee class-action suits
The Hill
By Lydia Wheeler
May 21, 2018

The Supreme Court ruled Monday that employers can include clauses in employment contracts that force employees to settle disputes individually with a third-party arbitrator.

In a 5-4 ruling, the justices said arbitration agreements, which bar employees from joining together in arbitration or a class-action lawsuit to settle disputes over wages and working conditions, are enforceable under the Federal Arbitration Act.

Justice Neil Gorsuch said in delivering the opinion of the court that the employees challenging the agreements mistakenly claimed the National Labor Relations Act (NLRA) overrides the Federal Arbitration Act and renders the agreements unlawful.
So goodbye to your rights to file a discrimination complaint or sexual assaults by your boss, or when your boss used a racial slur… all gone. Poof!
Christine Owen, executive director of The National Employment Law Project, argued in a statement that class-action litigation has been crucial for the #MeToo movement, which has taken powerful men in Hollywood, the media and Congress.

“Forced arbitration means women have to pursue their claims alone, before a private arbitrator hired by the company, with a low likelihood of success and little chance to appeal,” she said.
So when you tell your boss that you are going to be transitioning and your boss says, “We don’t want any F**king Fa****t Tra**ies here!” and you got file a discrimination complaint with the CHRO, the company is going to get it thrown out and force you into binding arbitration with a judge they picked and hired. What do you think your chances of winning are?

Oh and if you thing you can get a state law passed… think against. Anyone company under the NLRB supersedes state law. Just like health insurance coverage with any company that is under ERISA do not have to follow state.

To put it bluntly… we’re screwed.
Oh and by-the-way nursing homes and long term care facilities also have been allowed to reinstate binding arbitration by Health and Human Services (HHS)
CMS lifts ban on nursing home arbitration agreement
Modern Healthcare
By Virgil Dickson
June 5, 2017

The Trump administration has proposed rescinding an Obama-era regulation that prohibits nursing homes from forcing patients and their families to sign binding arbitration agreements as a condition of admission.

The CMS' proposed rule released Monday will prevent the Obama administration's nursing home arbitration ban from ever going into effect, as it had been placed on hold due to litigation. The CMS proposal comes just weeks after the CMS hinted to long-term care advocates that it was in favor of arbitration over litigation for nursing home disputes with residents and their families.
If you what to read what I think about arbitration you can read here and here.

Okay, I have a question for everyone.

If you are trans and you are going into an assisted living facility what do you think your needs will be?

The facts are…

  • You are on state assistance
  • You are a senior citizen 
  • You are just beginning to transition

The assisted living facility wants to do the right thing but the person is very nervous and the LTC facility does not know how to support her. I said let her know that they want to support her but that they are also learning as they help her with her transition. .

I mentioned providing a wig; take her shopping at Goodwill or thrift/consignment stores. I also mentioned talking her to the local support group meetings.

So what help do you think she will need?

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