The Employment Law Daily News for Mar 13, 2010
Les Schwab Tire Centers Will Pay $2,000,000 To Settle Hiring Discrimination Case Involving Females
Fri, 12 Mar 2010 04:36:05 - Pacific Time
The U.S. Equal Employment Opportunity Commission (EEOC) has resolved a gender-based hiring class lawsuit against Les Schwab Tire Centers for $2,000,000. The EEOC's lawsuit alleged that Les Schwab failed to hire qualified women for Sales and Service (tire changing) jobs at its stores in Washington, Oregon, California, Idaho, Montana, Nevada and Utah starting in 2004. According to EEOC Regional Attorney William Tamayo, "While the parties have engaged in extensive litigation the past four years, we are pleased to work with Les Schwab to bring this case to a resolution and to start a new era of cooperation. This resolution allows Les Schwab and the women who the EEOC represents to move forward." Mike Baldonado, EEOC San Francisco District Director, stated that, "The EEOC will continue to investigate employers and industries that have put women in certain types of jobs, and men in others. We hope Les Schwab becomes a model employer of women in the male-dominated tire industry." In addition to the monetary amount, Les Schwab agrees to maintain its anti-discrimination policies and procedures and anti-discrimination training for all its managers, assistant managers and employees about Title VII and sex-based discrimination. The company will also provide periodic reports to the EEOC on its compliance with the terms of the consent decree. Read More...
More Males Filing Sexual Harassment in Workplace Claims
Thu, 11 Mar 2010 02:59:14 - Pacific Time
From 1990 to 2009, the percentage of sexual harassment claims filed by men has doubled from 8 percent to 16 percent, according to the U.S. Equal Employment Opportunity Commission. Lawyers at the commission say they've noticed the increase in complaints by men -- more than 2,000 were filed in 2009 out of about 12,700 cases. "It's certainly possible that there's more sexual harassment of men going on, but it could just be that more men are coming forward and complaining about it,'' said Ernest Haffner, an attorney in the commission's Office of Legal Counsel. While some cases allege harassment by female supervisors or co-workers, most charges involve men harassing other men. Sometimes it's unwelcome romantic advances. Other times, men are picked on because they are gay, perceived as being gay or not considered masculine enough for the work setting. In the past, some employers might have shrugged off such antics as "boys will be boys'' horseplay or fraternity-type behavior. But the Equal Employment Opportunity Commission has been filing more lawsuits involving male victims, saying it wants to send a message that such behavior is unacceptable and unlawful. In November, for example, the Cheesecake Factory restaurant chain agreed to pay $345,000 to six male employees who claimed they were repeatedly sexually assaulted by a group of male kitchen staffers at a Phoenix-area restaurant. The commission said the abusers would drag some victims kicking and screaming into a walk-in refrigerator, touching and grinding against the victims' genitals and take turns simulating rape. The company denied the allegations but agreed to make a financial settlement and educate its employees and managers about sexual harassment. Read More...
Recession Elevates Pregnancy Discrimination
Thu, 11 Mar 2010 02:53:50 - Pacific Time
According to the U.S. Equal Employment Opportunity Commission, pregnancy discrimination complaints climbed from 3,977 in fiscal year 1997 to 6,196 for fiscal year 2009, a 56 percent increase. This category rose significantly more sharply than all workplace discrimination charges, which increased by 16 percent (from 80,680 to 93,277) in that span. The pregnancy statistics include complaints at the EEOC and state and local fair employment practice agencies. The total payout for settled pregnancy discrimination cases increased from $5.6 million to $16.8 million in the 12-year span. Pregnancy discrimination involves treating an employee or job applicant unfavorably because of pregnancy, childbirth or a medical condition related to pregnancy or childbirth. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training and fringe benefits. Further, if a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer must treat her the same as any other temporarily disabled employee, such as someone who had gall bladder surgery or who broke a leg. For example, the employer may have to provide modified tasks, alternative assignments, disability leave or unpaid leave. Claims often arise when a woman is fired, demoted, given a pay decrease or denied a promotion or plum assignment shortly after announcing pregnancy or returning from maternity leave. Companies can help protect themselves by having clear policies that prohibit discrimination and by creating and enforcing a procedure by which employees have an avenue to bring concerns and complaints to the company. When contemplating layoffs, an employer should consider whether a disproportionate number of employees from a protected group will be let go under the firm’s chosen criteria. Read More...
Equal Rights Division in Milwaukee Loses Discrimination Case Against Their Own Employee
Wed, 10 Mar 2010 06:14:06 - Pacific Time
Johnny Kimble spent a career helping others address employment discrimination as a staffer and supervisor at the state's Equal Rights Division in Milwaukee. But it didn't save him from becoming a victim of illegal race and gender bias within that very agency, a federal judge has found. Late last month, a federal judge in Milwaukee ruled that Kimble, who is African-American, had been improperly denied years of raises because of his race and gender. The judge found the state Department of Workforce Development and the former administrator of the Equal Rights Division, J. Sheehan Donoghue, guilty of discrimination. Bill Cosh, a spokesman for the state Department of Justice, said attorneys for the state are "considering whether an appeal is appropriate." U.S. District Judge Lynn Adelman heard the case in July. On Feb. 25, he released a 22-page ruling that found Donoghue essentially ignored Kimble for the 12 years she served as administrator; though he was a member of her management team, she never met with him one-on-one, not even to award the single $300 bonus he received during that time. Meanwhile, Donoghue gave Kimble's peers base pay raises, and upped her executive assistant's pay to nearly what Kimble earned for supervising the Milwaukee office of the Equal Rights Division, which included about 18 investigators and support staff. She gave out the raises without consulting the workers' evaluations or direct supervisors.Her explanation that Kimble didn't do his job well enough to merit a raise was unconvincing, Adelman found. "Donoghue was not a credible witness," the judge wrote. "In almost every major area of her testimony, she contradicted herself and/or was contradicted by other witnesses. In addition, she was frequently evasive and sometimes defensive. And, the other evidence in the record does not support her testimony." Read More...
OSHA Notifies 15,000 Employers of High Injury and Illness Rates
Wed, 10 Mar 2010 06:04:25 - Pacific Time
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) collects data from employers regarding workplace injury and illnesses, in order to identify employers whose injury and illness rates are considerably higher than the national average. Recently, OSHA sent a letter to about 15,000 workplaces with the highest numbers of injuries and illnesses, where those injuries or illnesses resulted in days away from work, restricted work activities or job transfers (referred to as the DART rate). According to Assistant Secretary of Labor for OSHA, Dr. David Michaels, "Receipt of this letter means that workers in that particular establishment are being injured at a higher rate than in most other businesses of its kind in the country. . .Employers whose businesses have injury and illness rates this high need to take immediate steps to protect their workers." Employers receiving the letters also were provided copies of their injury and illness data, along with a list of the most frequently cited OSHA standards for their specific industry. The letter offers assistance for employers to help reduce workplace injuries and illnesses by suggesting, among other things, the use of OSHA's free safety and health consultation services for small businesses provided through the states. OSHA identified employers with the nation's highest rates of workplace injuries and illnesses through employer-reported data from a 2009 survey of about 100,000 worksites. (This survey collected injury and illness data for calendar year 2008.) Employers receiving notifications had DART rates more than twice the national average among all U.S. workplaces. Read More...
Court of Appeal Affirms Police Officer's $3 Million Verdict Against City of Los Angeles
Tue, 9 Mar 2010 07:32:31 - Pacific Time
The California Court of Appeal affirmed a jury trial awarding $3,127,500 in favor of Robert HilI against the City of Los Angeles in an employment retaliation action. Hill, a police officer alleged that the City retaliated against him by engaging in harassment and creating a hostile work environment because he complained to Captain Sean Kane and other superiors in the Los Angeles Police Department that Sergeant Gilbert Curtis made racial statements against African-Americans and Hispanics, and that Curtis stole from the Explorer Program. Hill joined the Department in 1983 as a patrol officer. He was assigned to the Newton Division in 1989 and was promoted to senior lead officer in 1996. Senior lead officer is a coveted position of added responsibility. Promotion to senior lead officer is limited to a few select officers. Hill was hardworking, aggressive, and generally considered by his superiors to be a good officer. Curtis was in charge of all senior lead officers at Newton and was Hill's direct supervisor. Hill felt Curtis was an incompetent supervisor, a poor excuse for a human being, a thief, a liar, a racist, and a bigot. Curtis was responsible for a youth cadet program at Newton called the Explorer Program. At one point Hill and Curtis had a verbal confrontation over a missed roll call, following which charges were made against Hill of "menacing" behavior. Hill was placed on temporary assignment elsewhere, and removed from his supervisory roll, but retained his pay and job classification. Decisions about his duty limitations were made by captains, the Risk Management Executive Committee, and even Chief Bratton, For example, in February 2006, the fiancé of an officer who had been killed in the line of duty, selected Hill to accompany her to a ceremony in Washington, D.C., honoring the fallen officer. Her selection was vetoed by Chief Bratton, because Hill did not "represent the Department in a positive way." In the late winter or early spring of 2007, the Board of Rights found Hill not guilty of the allegation Hill threatened Curtis. However, the City did not return Hill to the Newton division, because that would have returned Hill to Curtis's supervision. Hill was administratively transferred to the Northeast Division on February 3, 2008. Hill was so demoralized by being loaned to Northeast that he decided he would not seek a promotion to sergeant and would retire earlier than he had planned. The Court of Appeal found substantial evidence to support the jury verdict. Government Code section 12940 provides in pertinent part: "It shall be an unlawful employment practice . . (h) For any employer . . . to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part." Labor Code section 1102.5, subdivision (b) provides: "An employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation." Read More...
President Signs Extension of COBRA Subsidy
Tue, 9 Mar 2010 07:14:29 - Pacific Time
President Barack Obama signed into law on Wednesday the Temporary Extension Act of 2010 (HR 4691), hours after the Senate passed it by a 78-19 vote. The main purpose of the bill is to extend unemployment benefits and health care subsidies for the unemployed, but it also extends through March 31, 2010, a federal tax credit that allows the federal government to subsidize 65% of the cost of COBRA premiums. The law also clarified the treatment of COBRA continuation that results from reductions in hours followed by termination of employment. The COBRA subsidy was first enacted as part of the American Recovery and Reinvestment Act of 2009, PL 111-5. Under the provision, as long as an eligible individual pays 35% of the premium for COBRA continuation coverage, the group health plan must treat the individual as having paid the full premium. Eligible individuals can receive this subsidy for up to 15 months. Employers are reimbursed for the 65% subsidy by taking a credit on their payroll tax returns. To be eligible, individuals must have been involuntarily terminated from their employment after Aug. 31, 2008, and before April 1, 2010. The Temporary Extension Act extended the end of the eligible period from Feb. 28, 2010, to March 31, 2010. The act also added special rules for individuals who lost their health coverage because of a reduction in working hours. Under the act, if an individual did not make a COBRA continuation coverage election when his or her hours were reduced (or made an election but then discontinued COBRA coverage), if the individual is then involuntarily terminated from employment, that will be treated as a qualifying event for COBRA continuation coverage purposes. Read More...
Labor Officials Confident Union Lawyer Will Take NLRB Seat
Fri, 5 Mar 2010 06:39:55 - Pacific Time
Labor officials said they are confident that union-lawyer Craig Becker will take a seat on the National Labor Relations Board within the next few months, signaling that President Barack Obama could make a recess appointment as early as April. That confidence appeared to be backed up by both Vice President Joe Biden and Labor Secretary Hilda Solis when they met with AFL-CIO leaders at the federation’s winter meeting this week in Orlando, Fla. "I feel very confident," Solis said Wednesday when asked by reporters about Becker’s chances of making it onto the board. She then referred to the recent Senate vote where Republicans blocked his nomination. "The vote was already taken. How do you change the - numbers that came down when they took the vote? I’m just saying that I think people will be very pleased." A day earlier while addressing a room full of AFL-CIO officials, Biden referred to Becker’s nomination and said, "We’ll get it done." Several union officials appeared to indicate that an April recess appointment is in the works. "Just as Easter is about resurrection, we will resurrect a labor board that fights for workers. That will lead to renewal of workers rights," said Larry Cohen, president of the Communications Workers of America. He called the current labor board "a total failure" and "a sham." Union officials complain that the labor board has been ineffective in part because three of five board seats have been vacant for more than a year. The Supreme Court will rule this year on whether several hundred decisions made by the two current members are valid. Union leaders also want a board with a Democratic majority to reverse board decisions made during the Bush administration. Cohen and others argue that those decisions have excluded hundreds of thousands of workers from being eligible to join a union. Read More...
Obama Administration Plans to Close International Labor Comparisons Office
Fri, 5 Mar 2010 06:35:54 - Pacific Time
Like a scorekeeper for the world, a tiny unit within the Bureau of Labor Statistics tracks globalization's winners and losers, and the results are not always pretty for the United States. Manufacturing jobs here, for example, have fallen faster since 1979 than in Canada, Germany or Japan. Compensation for those jobs dropped here in 2008 but jumped in South Korea and Australia. Soon, however, Americans may be spared the demoralization in these numbers: The White House wants to shutter the unit that produces them. President Obama's budget would eliminate the International Labor Comparisons office and transfer its 16 economists to expand the bureau's work tracking inflation and occupational trends. The White House says the cut, estimated to save $2 million, is one of many difficult decisions the president was forced to make to control spending. "This budget had to make some tough choices and prioritize the nation's most pressing needs during a challenging economic and fiscal climate," said Office of Management and Budget spokesman Tom Gavin. But the proposed cut has triggered an outcry from an eclectic group of academics, business leaders and union officials -- a reminder that, in the sprawl of the federal government, some seemingly obscure offices have built a loyal following around their discrete missions. The defenders argue that, given the need to succeed in a global economy, it makes little sense to shut down the office that measures how the country stacks up. There are other sources of foreign data, such as the Organization for Economic Cooperation and Development and the International Labor Organization, but none does as much as the BLS unit to vet and adjust numbers for apple-to-apple comparisons on productivity, unemployment and wage levels, supporters say. "If you were going to cut this five years after they implemented it 50 years ago, that would be one thing -- who cared then about what's going on in Asia?" said Georgetown University economist Robert Bednarzik, who spent 10 years at the BLS and has started a petition drive to save the unit. "But they've picked the worst possible time to try and get rid of it -- when we're all in this together." The International Labor Comparisons office dates to the 1960s, when President John F. Kennedy demanded to know whether Western European countries, which were reporting remarkably low unemployment rates, were using a different standard of accounting. The office later expanded to include Asia's emerging economies. Read More...
Seasonal Affective Disorder Increasingly a Workplace Issue
Thu, 4 Mar 2010 02:20:58 - Pacific Time
Pointing to a federal law that prohibits employers from discriminating against the disabled, some Seasonal Affective Disorder (SAD) sufferers say they are entitled to schedule changes, access to windows and other modifications. Recent legal rulings are prompting human resources experts to warn about the need to take the depression seriously. "Some people brush you off, saying you're just in a bad mood this time of year," said Simonsis, 36, of Mount Prospect, Ill. "But it's a real disability, and employers need to realize that." Most people experience gloominess in winter, but for some the psychological and biological symptoms are much more serious. The U.S. 7th Circuit Court of Appeals in Chicago ruled in October that a teacher could pursue a lawsuit against her former employer alleging that the school district had failed to accommodate her SAD, causing her mental health to deteriorate. "I think seasonal affective disorder is rare, but it's protected under disability law," said Chicago lawyer Gerald Maatman Jr., who represents employers in workplace disputes. "The law protects a wide range of conditions, not just physical disabilities like heart attacks and carpel tunnel." When Employment Law Today, a publication put out by the New York-based Alexander Hamilton Institute, ran an article about the recent appeals court ruling, describing symptoms of seasonal affective disorder and explaining that accommodations may be necessary, editor Gloria Ju said she was dismayed to receive an e-mail from a manager brushing it off. "She scoffed about seasonal affective disorder, saying that everyone feels down in the winter," Ju said. "But . . . seasonal affective disorder and other forms of depression are not made up and need to be taken seriously." The depression is often triggered around October and lifts in March. Fatigue, declining sexual interest and weight gain are other common symptoms. Treatment includes antidepressants, therapy and exposure to intense lamps that simulate natural light. Read More...
Past Employment Law News Articles
• Two Ex-Vice Presidents Sue AIG for Discrimination: Wed, 3 Mar 2010 04:56:32 - Pacific Time: Read More...
• Apple Admits To Child Labor Practices In At Least Three Factories: Wed, 3 Mar 2010 04:43:31 - Pacific Time: Read More...
• Walmart To Pay More Than $11.7 Million To Settle Sex Discrimination Suit: Tue, 2 Mar 2010 07:16:11 - Pacific Time: Read More...
• Employer Ordered to Pay $85K for Sexual Harassment Violation: Tue, 2 Mar 2010 07:11:11 - Pacific Time: Read More...
• Hartford Settles a 401(k) Class Action and Agrees to 'Revenue-Sharing' Disclosures: Mon, 1 Mar 2010 07:06:59 - Pacific Time: Read More...
• $22.5 Million Dollar Jury Verdict in Negligent Hiring and Retention Case: Fri, 26 Feb 2010 08:33:23 - Pacific Time: Read More...
• California Court of Appeal Give Guidance on Reasonable Accommodations and Interactive Process: Thu, 25 Feb 2010 07:01:25 - Pacific Time: Read More...
• Employers, Workers, and the Future of Employment-Based Health Benefits: Wed, 24 Feb 2010 06:41:41 - Pacific Time: Read More...
• Tip Pooling Arrangement Does Not Violate The Fair Labor Standards Act: Wed, 24 Feb 2010 06:30:18 - Pacific Time: Read More...
• Employer Must Pay $1.4 Million For Alleged Violations of Immigration and Nationality Act: Tue, 23 Feb 2010 08:01:07 - Pacific Time: Read More...