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.

 

DHL Global Forwarding Pays $201,000 to Settle EEOC National Origin Discrimination Suit

Air Express International, USA, Inc. and Danzas Corporation, doing business as DHL Global Forwarding, will pay $201,000 to nine employees and provide other significant relief to settle a national origin hostile environment lawsuit brought by the EEOC.  The settlement, announced today, resolves the EEOC's and Plaintiff’s claims against DHL Global.   The EEOC charged DHL Global with subjecting a class of Hispanic employees to national origin discrimination.  The EEOC's suit also resolved a retaliation claim by one non-Hispanic employee who was allegedly fired for a brief time after he reported the treatment of Hispanic employees.

 

According to the EEOC's suit Hispanic employees at DHL's Dallas warehouse were constantly subjected to taunts and derogatory names such as "wetback,"  "beaner," "stupid Mexican" and "Puerto Rican b—h".   According to the EEOC, Hispanic workers, who included persons of Mexican, Salvadoran and Puerto Rican heritage, were often ridiculed by DHL personnel with demeaning slurs which included referring to the Salvadoran worker as a "salvatrucha," a term referring to a gangster.  Other workers were identified with derogatory stereotypes by being told they should be outside the facility "mowing the grass" or that their "homies" were on a television show about prison.  The EEOC further asserts that company supervisors made harsh admonitions to bilingual employees about use of their Spanish language on the job.  The agency asserts that these admonitions were motivated by prejudice, unnecessary and unrelated to the effective performance of the job duties.

 

The EEOC complained that DHL Global officials ignored the complaints of employees even after the discriminatory conduct was reported to management.  The EEOC's suit also alleged that DHL Global retaliated against a union steward, by firing him after he reported the mistreatment of Hispanic employees to DHL officials on numerous occasions.  He was ultimately returned to work and continues to be employed with the other affected employees.

 

The three-year consent decree settling the case provides for a  permanent injunction against DHL Global that prohibits the company from further  discriminating against any employee on the basis of national origin, harassing  any employee on the basis of national origin or retaliating in any way against  any person because of opposition to any practice declared unlawful by Title  VII. 

 

DHL Global will pay $201,000 in monetary relief and develop strong policies to respond to reports of national origin discrimination.  In addition, DHL Global will conduct annual anti-harassment and anti-discrimination training which will include instruction on the prevention of national origin harassment in the workplace.  The training will also advise employees of the consequences imposed for violating federal anti-discrimination law.  Each new hire will be provided a copy of DHL Global's non-discrimination policy, and the company will provide copies of its anti-harassment policies in both English and Spanish to its employees. 

 

As part of the settlement the EEOC will monitor compliance with the consent decree.  DHL will provide EEOC a log of all employee complaints alleging national origin discrimination or retaliation.  DHL also agreed to impose discipline — up to and including termination, suspension without pay or demotion upon anyone found to have engaged in national origin discrimination.

 

WirelessComm Pays $97,000 to Settle EEOC Sexual Harassment Lawsuit

WirelessComm, a distributor for the Metro PCS cell phone service provider, will pay $97,000 and provide other relief to settle a sexual harassment lawsuit filed by the EEOC. 

According to the EEOC's lawsuit, a male store manager subjected then-19-year-old female to abuse throughout her employment, including offensive sexual comments and unsolicited texts and photos.  Her complaints were not addressed and she eventually quit her job when she could no longer endure the harassment. 

 

Under the consent decree resolving this lawsuit, WirelessComm has also agreed to hire an equal employment opportunity consultant and a human resources consultant to revise its EEO policies; train the owner and staff regarding anti-discrimination laws; monitor the workplace; respond to any allegations of harassment arising during the pendency of the decree; and report harassment complaints to the EEOC.  The court will retain jurisdiction of the decree for three years. 

 

The EEOC recently updated its Youth@Work website (at www.eeoc.gov/youth) , which presents information for teens and other young workers about employment discrimination.  The website also contains curriculum guides for students and teachers and videos to help young workers learn about their rights and responsibilities in the work force.

 

Factoids

• Wage and hour claims have increase 3.5 fold from 2002 to 2012

 

Health factoids

• 159 million employees enrolled in health coverage in 2011, down from 170.5 million in 2000
• 52.4% of employer offered coverage in 2011, down from 58.9% in 2000
• $5081 was the average employee only premium in 2011, up from $2490 in 2000
• $14,447 was the average employee family coverage premium in 2011, up from $6415 in 2000
• 20.8% was the employee share for employee only coverage in 2011, up from 17.5% in 2000
• 26.6% was the employee share for family coverage in 2011, up from 23.8% in 2000

 

Quotes

"Never make someone a priority when you are only an option for them."
Colin Powell