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.

 

September 27, "Discovering Business in the New Economy" hosted by AltaPacific Bank and Montgomery Niemeyer & Co.

 

October 3, "Where's the Strategy in Your Strategic Plan?" hosted by the Irwindale Chamber of Commerce

 

District court orders EEOC to pay trucking company $4.7 million

Here's a change!

 

The EEOC has been ordered to pay an Iowa trucking company $4.7 million in attorneys’ fees and other costs for bringing unreasonable or groundless claims of sexual harassment against the company.

 

The Court determined that the EEOC made 153 unreasonable or groundless claims of sexual harassment and that it did not adequately support an allegation that the company had a pattern or practice of allowing harassment.

 

The case began in 2005 when a female driver complained that two of the company’s lead drivers sexually harassed her, creating a sexually hostile work environment. In a 2007 class action lawsuit, the EEOC alleged that this driver and other female employees were subject to harassment and that the company failed to prevent it. The trucking company denied the allegations.

 

The EEOC initially said it had identified about 270 individuals who were part of the lawsuit. The claims were challenged for a variety of reasons, and by August 2009, the court dismissed the claims. The court also ordered the EEOC to pay the company’s legal fees. A prevailing defendant is entitled to attorneys’ fees and out-of-pocket expenses when the plaintiff’s action is frivolous, unreasonable, or without foundation. The court found that the EEOC’s actions were unreasonable, and that it did not properly investigate and attempt to conciliate a number of the individual claims.

 

In addition, the court noted that the EEOC presented only anecdotal evidence in support of its pattern-or-practice claim. It also said that because the EEOC should have known that it would be required to prove that the trucking company had actual knowledge of the harassment, many of its claims were groundless. The court awarded the trucking company $4.2 million in attorneys’ fees, $413,000 in expenses, and $92,000 in court costs.

 

Supporting Information can be Sought in Religious Accommodation Requests

According to an informal discussion letter (unofficial opinion) from the EEOC, an employer can ask for supporting information about an employee’s beliefs when a religious accommodation is requested. The letter was written in response to an inquiry about how Title VII accommodations apply to health care workers’ requests for exemption from employer-mandated vaccinations.

The inquiry dealt with the circumstances under which an employer can seek verifying information when a religious accommodation request is made, and what information can be sought. The inquiry also questioned whether an employer can require verification by a third party, and if an employer can ask for the employee’s past vaccination history in determining whether a religious belief is sincerely held.

 

When an employer makes reasonable inquiries for supporting information, the employee must cooperate or may not be entitled to accommodation.

Even when an employee provides information about the sincerely held religious belief, an employer may deny the accommodation request if it would pose undue hardship. An employer can also impose other infection control measures on those excused from vaccination, such as a mask requirement, if this is not done for retaliatory or discriminatory reasons.

 

PBM Graphics to Pay $334,000 to Settle EEOC National Origin Discrimination Suit

PBM Graphics, Inc., a Research Triangle Park, N.C., printing company, will pay $334,000 to settle a national origin discrimination lawsuit brought by the EEOC.   The EEOC had charged that PBM violated federal law by refusing to place and/or assign non-Hispanic workers to its "core group" of regular temporary workers. 

 

According to the EEOC's lawsuit PBM routinely used temporary workers for its production needs.  The EEOC's com­plaint charged that PBM engaged in a pattern or practice of discrimin­ation against non-Hispanic temporary workers who worked in its light bindery production jobs.  Specifically, the EEOC said PBM developed a "core group" of regular temporary workers.  The temp­orary workers in the "core group" were told by the company to continue to come to work for PBM unless otherwise notified, unlike other temporary workers who worked for PBM only on an "as needed" basis.  The EEOC alleged that approximately 50-75 persons were assigned to this core group, and that membership in the core group was disproportionately Hispanic to the exclusion of similarly qualified non-Latino temporary workers.  

 

The suit further charged that PBM assigned a disproportionately greater number of work hours to Hispanic temporary workers than to similarly qualified non-Latino temporary workers, thereby denying non-Hispanic temporary workers hours of work based on their non-Hispanic national origin. 

 

In addition to the monetary damages, the settlement requires PBM to provide annual training to all its managers and supervisors at PBM's Research Triangle Park facility on Title VII and its pro­hibition against national origin discrimination in the workplace.  PBM must also post an employee notice concerning the lawsuit and employee rights under federal anti-discrimination laws, as well as provide periodic reports to the EEOC. 

 

Title VII requires employers to provide  equal employment opportunities to all workers including temporary workers, and  employers cannot discriminate against temporary employees in job assign­ments  or other terms and conditions of employment.

 

Factoids

• 7764 federal lawsuits were filed by employees claiming overtime and other wage violations, up 10% from last year.
• 2030 is the year projected for over 50% of the population to be obese
• 18.2% of premature deaths are associated with excess body mass.

Affordable Care Act timeline

8/30/13: CA will launch online tool to compare health plans and rates

10/1/13: Individuals and small businesses can start enrolling into the insurance exchanges

1/1/14:   New health polices take effect

3/31/14: Open enrollment ends

 

Quotes  

“Sometimes the road less traveled is less traveled for a reason.”

Jerry Seinfeld