Formisano & Company Blog
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Formisano & Company offers skilled employment law representation throughout Rhode Island and Southeastern Massachusetts. With over 40 years of combined legal experience, our attorneys have handled employment law disputes against companies of all sizes, including Fortune 500 companies and municipalities. Our firm is known in the legal community as an outstanding resource in employment law.
Formisano & Company Blog
4d ago
An employer should know that they cannot just fire someone because they blew the whistle on them or filed a complaint of harassment or discrimination. To do so would open the business up to a wrongful termination lawsuit. The law protects employees from retaliation by employers for engaging in a protected activity like whistleblowing or reporting discrimination or harassment. So, some employers get cunning and try to persuade the employee they want rid of to leave of their own accord. Some call this quiet firing. There are many ways to force someone out the door Quiet firing can take many form ..read more
Formisano & Company Blog
1w ago
If your name “sounds black,” you may not receive an employment callback as frequently as Rhode Island job applicants with a “white-sounding” name. A recent study by researchers at the University of California, Berkeley, and the University of Chicago expanded on a two-decade-old study that used fictitious names to demonstrate job discrimination. How your name affects your job chances The initial study from two decades ago showed that fictitious applicants with white names got 50% more callbacks for interviews than those who had ethnic black names. The more recent study took that employment disc ..read more
Formisano & Company Blog
2w ago
Age discrimination in the workplace can take multiple forms. It’s not always as obvious as people being mocked for how old they are or a lack of promotions for those over 40. Many employers are smart enough to avoid clear violations of the federal Age Discrimination in Employment Act of 1967 (“ADEA”) and state law. One way the employers “weed out” older employees (who are often among the highest paid simply because of their longevity with a company is to offer them severance packages with monetary and other benefits that are difficult to pass up if they “retire.” If a middle-age or older ..read more
Formisano & Company Blog
3w ago
Workplace discrimination is a situation that negatively impacts not only individuals but also the overall productivity and morale of a company. It undermines the principles of equality and fairness, creating an environment where certain employees feel marginalized and unable to perform at their best. While discrimination in brick-and-mortar workplaces is widely discussed and is often easily recognized, remote workers may experience discrimination in subtler ways that can sometimes go unnoticed. Signs to be mindful of in remote workplaces include the following. Hostile work environment Hostilit ..read more
Formisano & Company Blog
3w ago
Workplace harassment can occur due to many different reasons and may take on different forms. Some people face harassment based on their age or race, while others experience sexual harassment in the workplace. A company’s inability or unwillingness to protect someone from harassment could constitute discrimination. Some workers have a hard time understanding when what they experience actually constitutes harassment. Even those who know that the conduct of their coworkers violates the law and their employment rights may feel frightened about the prospect of reporting the matter. Although people ..read more
Formisano & Company Blog
1M ago
Only about one in five of the people with a disability participate in the Rhode Island labor force. Among people without a disability, the work force participation rate is 67%. Employers are sometimes reluctant to hire disabled job applicants because they are worried that productivity will be negatively affected or that making the required reasonable accommodations for them would be expensive, but these opinions are not supported by data. If employers took time to learn the facts, they would find that most of the common reasons for not hiring disabled workers are based on myth. Improved produc ..read more
Formisano & Company Blog
1M ago
Despite all of the gains that have been made for workers in recent decades, on-the-job sexual harassment is still a pervasive problem. In general, workplace sexual harassment can be broken down into two categories: quid pro quo harassment and a hostile work environment. What’s the difference? In general, quid pro quo sexual harassment is always intentional and focused. The victim faces either reward or punishment for their responses. “Quid pro quo” is Latin for “this for that,” and can involve any situation where a victim is offered job benefits, such as a promotion or better working condition ..read more
Formisano & Company Blog
1M ago
If you are a worker who is classified as an employee – not an independent contractor – you are protected from workplace retaliation under various laws and regulations, such as Title VII of the Civil Rights Act of 1964 and the Whistleblower Protection Act. These laws prohibit employers from taking adverse actions against employees who report discrimination or other illegal activities in the workplace, in addition to those who exercise any other legal right and experience adverse action as a result. However, retaliation can be subtle and difficult to identify accurately. Knowing what to look for ..read more
Formisano & Company Blog
2M ago
Age discrimination in the workplace is a serious concern that affects numerous employees across the United States, including those in Rhode Island. It is important for employees to recognize the signs and understand the legal protections in place, particularly if they believe they may be facing unfair treatment due to their age. Federal protections against age discrimination The Age Discrimination in Employment Act (ADEA) is a federal law that aims to protect employees and job applicants who are 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, c ..read more
Formisano & Company Blog
2M ago
In the realm of employment, the concept of a “glass ceiling” is more than just a metaphorical barrier; it represents a tangible obstacle that many individuals encounter in their careers. The phrase “glass ceiling” refers to an invisible but pervasive barrier that prevents certain groups, particularly women and minorities, from ascending to higher positions within a company, regardless of their qualifications or achievements. This barrier is often rooted in systemic discrimination, biases and stereotypes that limit opportunities for career advancement. Factors contributing to the glass ceiling ..read more