June 12, 2012

 

Hello Everyone,

Here is the latest issue of “This & That” Tuesday. I hope you find it to be informative and useful.

 

Fire Department Settles EEOC Harassment & Retaliation Case for $500,000

The Los Angeles City Fire Department will pay $494,150 and implement widespread anti-harassment training to settle federal charges of discrimination filed with the EEOC.

 

A firefighter/engineer employed since 1986, filed an EEOC discrimination charge initially in 2007, alleging that he was continually harassed by fellow firefighters at his station who employed deeply offensive comments of a sexual and religious nature. An EEOC investigation uncovered that the harassment, which began in late 2006, appeared linked to a lawsuit filed against the Catholic Church by the employee regarding sexual abuse he suffered by a priest. Several coworkers mocked him for that, using explicit and offensive religious and sexual epithets.

 

Although he complained about the harassment to management officials, the EEOC investigation found that the Fire Department failed to adequately halt or address it. Further, the investigation found that he had suffered retaliatory discipline for his participation in another equal employment opportunity investigation.

 

The Los Angeles City Fire Department entered into a three-year conciliation agreement with the EEOC and the employee. The agreement effectively settles the case administratively, thereby avoiding litigation. Aside from the monetary relief, the Fire Department agreed to provide widespread live anti-harassment training to all fire station chiefs and their subordinate staff, impacting every fire station in the city of Los Angeles. The Fire Department also agreed to continue to enforce its policies against discrimination, harassment and retaliation; to offer an external equal employment opportunity complaint procedure; to post a notice on the matter; to report future instances of harassment to the EEOC; and, to publicize the settlement via press release.

 

Title VII Record-Keeping Requirements Extended to GINA
In a final rule published by the EEOC, the agency has extended the record-keeping requirements imposed under Title VII and the Americans with Disabilities Act (ADA) to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The rule took effect April 3, 2012.

 

Title II of GINA prohibits discrimination by employers and insurers based on genetic information. GINA prohibits employers from discriminating against employees and applicants for employment on the basis of genetic information. The law also prohibits employers from requesting or acquiring genetic information regarding an employee or a family member of an employee. Like Title VII, GINA covers employers with 15 or more employees.

The new rule does not require the creation of new documents; it merely amends the existing record-keeping requirements imposed by Title VII and the ADA to include references to GINA. These provisions require private (nongovernmental) employers to retain personnel and employment records for one year from the date the record is made or the personnel action is taken, whichever occurs later. In the case of involuntary termination, however, the employer must retain the terminated employee's personnel or employment records for one year from the date of termination.

 

Additionally, when a charge of discrimination has been filed under Title VII, the ADA, or GINA, or where a civil action has been brought by the Commission or the Attorney General, the employer must retain all records related to the charge or action until final disposition of the charge or action. The date of final disposition means the date of expiration of the statutory period within which the aggrieved person may bring an action in a U.S. District Court or, where such an action has been brought, the date on which such litigation is terminated.

 

Retaliation Note

Did you know that an employer can be liable for retaliation that occurs after the employment relationship has ended. For example, if a terminated employee files an EEOC charge and because of that the employer contests the ex-employee's claim for unemployment or gives the ex-employee a bad reference, the ex-employee can have a retaliation claim against the ex-employer.

 

Factoids

The most common things that applicants lie about on their resumes:

• Education: Listing a degree from a school never attended; inflating their grade point average and graduate honors or citing a degree from an online, non-accredited “education” institution.
• Job title: Making up a title or boosting an actual title by one or more levels in hopes of obtaining better salary offers 
• Compensation: Inflating current or previous salary and benefits to secure more money from prospective employer 
• Reason for leaving: Saying it was a mass downsizing when the discharge was based on performance; asked to leave, but saying you quit; or underplaying or completely hiding poor relationships with superiors 
• Accomplishments: Overstating one’s contributions to a team project or company performance; claiming to have received special recognition or exaggerating their level of participation in an important aspect of the business. (Challenger, Gray & Christmas)

 

1966 NY Times Classified Ad for a Stewardess at Eastern Airlines

“High school graduate, single (widows and divorcees with no children considered), 20 years of age (girls 19 ½ may apply for future consideration), 5’2” but no more than 5’9”, weight 105 to 135 in proportion to height, and have at least 20/40 vision without glasses.”

 

Wow, we've come a long way!

 

Health Care

Total healthcare costs per employee are expected to rise 5.9% (it was 5.4% in 2011) for a total of $11,664. (Towers Watson)

 

25 Years Ago

                                                                       1987                            2010/2011

Average annual compensation                      $18,426                       $41,574

EEOC claims                                                 65,884                         99,922

Employers that test for drugs                         23%                            57%

# of employees at temp agencies                  800,000                      12,900,000

Telecommuters                                              0.5%                            29%

Healthcare costs per employee                     $1,857                         $10,146