Announcements

You can always check out my website for upcoming speaking engagements that are guaranteed to be of value to business owners. More details about the events and Human Resources 4U can be found on my website.

 

My next engagement is entitled "Labor Law Update: 2013" It will be held on January 23 and is sponsored by the Irwindale Chamber of Commerce. For more information please go to my website.

 

Labor Law Update 2013: If you are interested in having me give a “Labor Law Update for 2013” presentation to your organization early next year, please contact me so we can schedule the event.

 

HR4U 101 for 2013Workshop

My next full day workshop will be held on January 9, 2013. This is a practical workshop that focuses on all the things you need to know to comply with California employment law and some guidance on best practices for all your employee related efforts. Download the flyer for all the workshop details. There are only 2 spots left!

 

The Patty Tipton Company Agrees to Settle EEOC Religious Discrimination Lawsuit

The Patty Tipton Company, a Lexington, KY, staffing agency, has agreed to settle a religious discrimination lawsuit filed by the EEOC.

 

According to the EEOC's suit, Megan Woodard, is a member of a fundamentalist Baptist church whose members believe that women should not dress like men including refraining from wearing pants. Woodard applied for a temporary job at the 2010 World Equestrian Games (WEG) held in Lexington, but was denied a position due to her request for the religious accommodation not to wear pants.

 

Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a voluntary settlement out of court through its conciliation process.

The parties ultimately negotiated a consent decree which provides the applicant with back pay and compensatory damages of $5000. The decree also provides for injunctive relief including anti-discrimination training, reporting of discrimination claims, and a prohibition against any discrimination or retaliation under Title VII.

 

According to the EEOC, "Discrimination because of a person's religion is illegal and will not be tolerated," and "While that should be clear by now to all employers, some of them sadly continue to ignore the law.” Employers should be on notice that the EEOC will act aggressively to protect people from this type of discrimination.

 

Counseling May Be a “Medical Examination” Under the ADA

Whether psychological counseling is a “medical examination” under the Americans with Disabilities Act is an important question recently addressed by the Sixth Circuit Court of Appeals. This question is important because the ADA prohibits employers from requiring employees to undergo medical examinations unless they are “job related” and consistent with “business necessity.” In this case, the Court concluded that the required counseling was a medical examination.

 

In Kroll v. White Lake Ambulance Authority, Kroll had worked as an Emergency Medical Technician for WLAA since 2003 without serious problems. However, in 2012 she began showing signs of distress at work, leading coworkers to report concerns about her well-being to her supervisor. After hearing a complaint that Kroll was screaming at someone over the phone while driving an ambulance in an emergency, her supervisor met with her and ordered her to attend psychological counseling, which she refused to do.

 

In concluding that the counseling was a medical examination, the Court applied a seven-factor test articulated by the EEOC in its Enforcement Guidance. These factors are:

1. whether the test is administered by a health care professional;
2. whether the test is interpreted by a health care professional;
3. whether the test is designed to reveal an impairment or physical or mental health;
4. whether the test is invasive;
5. whether the test measures an employee’s performance of a task or measures his/her physiological responses to performing the task;
6. whether the test normally is given in a medical setting; and
7. whether any medical equipment is used.

Not all seven factors must be met, however; in certain cases even one factor may be sufficient to determine that a test amounts to a medical examination.

 

Applying these factors, the Court noted that the evidence showed that WLAA was concerned that Kroll may have been suffering from depression, to the point of thinking about suicide, and that her supervisor instructed Kroll to go to the counseling “to discuss issues related to her mental health” and therefore deemed it to be a medical examination. The Court remanded the case to the District Court to determine if the examination was “job related” and consistent with “business necessity,” noting that the employer may still win the case.

 

This case serves as a caution to employers to understand that even psychological counseling may need to be job-related and justified by a business necessity. The fact that required counseling is to be performed by a psychologist or other professional who is not a doctor does not necessarily remove it from the legal requirements that apply to “medical examinations” under the ADA.

 

Factoids

• 23% of recent college graduates wouldn’t take a job if they weren’t allowed to make or receive personal calls
• 46% of people 18-24 would rather have access to the internet than access to their own car.

 

And for those of you on the run, when it comes to service:

• Wendy’s is the fasted 145.5 seconds
• Taco Bell is #2 146.7
• McDonalds is last with 184.2

 

Speaking of health:

• Healthcare is projected to rise 5.3% to $11,507 per employee in 2013 The $11k breaks down as follows: $8911 employer paid and $2596 employee paid

 

Quote

I moved to New York City for my health. I'm paranoid and it was the only place where my fears were justified.
~ Anita Weiss ~