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

 

Announcements

You can always check out my website for upcoming speaking engagements that are guaranteed to be of value to business owners or for a list of topics that I can speak on at Chambers, Clubs, Business Associations, etc. More details about the events, topics and Human Resources 4U, in general, can be found on my website.

 

Upcoming events:

July 17 "How to Effectively Hire & Terminate Employees" sponsored by Chino Valley Chamber of Commerce.

 

Albuquerque-Area IHOPs Settle Sexual Harassment Suit for $1 Million

Two IHOP restaurants in that are in the Albuquerque area have agreed to settle a class sex discrimination lawsuit filed by the EEOC for $1 million.  

 

The EEOC's lawsuit charged that a manager of the defendants' IHOP restaurants, subjected a class of women, including some teenagers, to sexual harassment. The sexually offensive conduct included sexual comments, innuendo and unwanted touching. The EEOC's suit also alleged that some women were forced to quit their jobs because of the sexual harassment, and/or due to the IHOP's failure to provide preventive or remedial relief. 

 

The case is the second-largest litigation settlement ever reached by the EEOC's Albuquerque Area Office.  At least 22 women are expected to receive relief through the decree. In addition to the substantial monetary relief, the decree prohibits the defendants' IHOP restaurants from further discriminating or retaliating against its employees and requires IHOP to implement policies and practices that will provide its employees a work environment free of sex discrimination and retaliation.  The defendants must also provide its employees with anti-discrimination training and notice of the settlement.  The company must also report future complaints to the EEOC for the duration of the decree. 

 

The EEOC said "Managers must constantly be reminded of their obligation to maintain workplaces where employees are not subjected to illegal harassment or forced to quit because of the harassment. Where managers fail to satisfy these obligations, it is the employer's responsibility to correct the violations and prevent other violations from occurring.  These women and all women deserve to work without being harassed because of their sex.  It is especially true that given these difficult economic times, women should not be forced to choose between intolerable sexual harassment and wages for their families."

 

Foreign Students Will Get Back Pay for Factory Work

The Labor Department reached a settlement that recovers $213,000 in back wages for 1,028 foreign students who were summer employees in what many said were abusive conditions at a factory in Palmyra, Pa., that packed Hershey’s chocolates. Three companies — the SHS Group, the Council for Educational Travel-USA, and Exel — agreed to the settlement after the Labor Department accused them of overcharging the students for housing, reducing their wages to levels below those required by minimum wage and overtime laws.

 

Hershey’s was not accused of wrongdoing because it contracted with Exel to operate the packing plant. The students were in Pennsylvania as part of a State Department-sanctioned education program, but the department has terminated the Council for Education Travel-USA as a program sponsor for forcing the students to do arduous factory work. Under a separate agreement with the Labor Department, Exel will pay $143,000 in penalties for excessive workplace noise and for failing to keep proper records about workplace injuries.

 

Sparks Steak House Pays $600,000 to Settle Male-On-Male Sexual Harassment Suit

The percentage of sexual harassment complaints filed by men has been steadily growing. While the EEOC does not keep statistics about the sex of the harasser in those charges, anecdotally, many of the charges appear to involve same sex harassment. Sparks Steak House, an upscale steakhouse in New York City, will pay $600,000 and take other steps to settle a sexual harassment and retaliation lawsuit filed by the EEOC.

 

According to the EEOC's lawsuit, 22 male waiters were subjected to harassment based on their sex, chiefly by one male manager, over a nearly eight-year period. The misconduct included the manager groping the buttocks of the male waiters, making lewd sexual comments and attempting to touch their genitals. Many of the waiters complained to other managers and Sparks' owners, but the harassment did not stop. Some victims of harassment suffered retaliation for complaining by being given more difficult work assignments and/or ultimately being suspended.

 

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

 

In addition to paying the $600,000 in damages to be distributed among the victims, the restaurant must prohibit further sexual harassment and retaliation. The settlement also requires the restaurant to: 1) establish a complaint hotline for reporting incidents of discrimination; 2) distribute an amended policy prohibiting sexual harassment and retaliation to all employees; 3) conduct anti-discrimination training for employees; 4) post a public notice about the settlement; and 5) report all sexual harassment and/or retaliation complaints to the EEOC.

 

The EEOC stated "The severe sexual harassment at Sparks ran rampant for too long. Employers must recognize and act on their duty to prevent sexual harassment of any kind."

 

Factoids

• Only 7% of employers share financial information with all workers
• 76% don’t share financial information with employees, at all 

       What does this say about trust in the workplace?

 

Retirement 

• 20% of adults surveyed said they plan on never retiring.
• 33% of people retire due to circumstances beyond their control
• 56% of employees with 6-10 years until retirement have $100,000 or less saved for retirement
• 31% of employees aged 45-54 haven’t started saving for retirement

 

Feedback

• 47% of employees report that their employer’s review process is fair and accurate and another 40% said the feedback they received helped them improve their performance. (Cornerstone On Demand, 2013).

 

Quotes

“A sense of humor is part of the art of leadership, of getting along with people, of getting things done.”

Dwight D. Eisenhower