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.

 

October 16: "The Big Seven Employment Trouble Spots" hosted by the National Association of Women in Construction.

 

November 19, “Human Resources Issues for Business Owners” hosted by Simjee Periodontics and Cool Smiles Orthodontics.

 

Gay Cop Gets $1.5 Million from LAPD for Discrimination

A former Los Angeles police officer has settled a lawsuit against the department for anti-gay discrimination and retaliation for $1.5 million and an agreement to turn in his badge.

 

Sgt. Ronald Crump sued his employer in 2009 after he said he experienced an egregious pattern of harassment and humiliation over a period of six months by his supervisor, Lt. John Romero, and then was transferred when he complained.

 

According to the suit, Romero made constant references to the fact that Crump is gay, as well as commenting about other gay and lesbian members of the force. Among the comments that Romero is alleged to have made were, “I was a religion major at Liberty University — Jerry Falwell would roll over in his grave if he knew I hired you,” and “Don’t forget I hired you even though you’re gay.”

 

After he complained, Crump was transferred from the media relations division to a civilian communications division, then to bicycle detail in the city’s “Skid Row” neighborhood. Romero was subsequently promoted to captain. Crump was willing to settle his suit for $100,000 and a transfer to the Hollywood division, but the department declined, and ended up costing the city 15 times as much.

 

Employees who face a hostile work environment because of discrimination or harassment have options to seek recourse through the civil justice system. California has its own protections under the Fair Employment and Housing Act and they offer greater protections than federal law with respect to injuries and it’s more expansive with respect to damages.

 

State law provides employment protections that go beyond the federal EEOC rules, banning discrimination based on sexual orientation and gender identity, among other classifications.

Crump initially tried to resolve his complaint through the police department’s Professional Standards Bureau, but encountered a dead end. He wasn’t alone: A report by the department’s inspector general found “systemic problems” with the internal investigation process that rarely found supervisors at fault in retaliation claims and frequently made bare minimal efforts to follow up on complaints.

 

Civil courts have been much more responsive. According to the LA Times, the city paid out $18 million between 2005 and 2010 to resolve 45 lawsuits out of the 250 the police officers had brought against the department.

 

Employees who think they are being discriminated can lodge a complaint with their supervisor, in order to fall under the law that protects them from being retaliated against because of their complaint. Next, they can pursue recourse through their employer’s internal mechanisms.

 

Employer Pays $1.26 Million to Settle FMLA Suit

Patrick Hurley was president of a security company, and he also suffered from depression and anxiety. Despite treatment over several years, his condition had not improved.  Based on his doctor's advice, Hurley asked his CEO for a leave of absence.  At first, Hurley simply told the CEO that he had been advised by his medical health professional to take some vacation.  In a follow-up conversation, however, Hurley bluntly told his CEO that he had been diagnosed with depression and that he needed time off to deal with it.

 

The CEO's response? "Hurley…we've 'had a great run together,' but it is 'time to part ways.'" Immediately thereafter, Hurley was terminated.  The FMLA suit quickly followed, and Hurley prevailed at a jury trial on his FMLA interference and retaliation claims.

 

Hurley's employer will have to pay out $1.26 million. This amount includes back pay, front pay, liquidated damages (a form of "punitive damages"), attorney’s fees and interest.  

 

Employers need to do a much better job of training our managers because they simply are not identifying when a request for a leave of absence might be protected by the FMLA.  Court cases like the one above prove that we need to do better.  

 

It is critical that your managers identify an employee's need for FMLA leave because, at a minimum:

• they are responsible for communicating to Human Resources or a leave administrator that the employee may need FMLA leave; and 
• they are your eyes and ears at an early stage in the game where FMLA abuse might be an issue.  

 

FMLA training should:

• educate your managers on the FMLA and what the law protects; 
• include indicators of a serious health condition; 
• arm your managers with legal questions they can ask an employee who is requesting leave that may be covered by FMLA; 
• provide the skills and leave management techniques necessary to properly manage an employee with a medical condition.  

 

Factoids (ACA)

• When exchanges come online in 2014, 69% of employers will “definitely” continue to provide health insurance and 25% are “very likely” to continue the coverage. 
• Only 28% of employers with less than 200 employees offer health coverage to part-time employees but 94% offer it to full-time employees. 
• However, only 15.7% of part-timers and 59.6% of full-timers are actually covered. 
• In a 2013 survey by IFEBP, 69% definitely will and 25% very likely will continue health coverage under the ACA. 1% said they definitely won’t.74% of employers already define part-time workers the same way the ACA does (less than 30 hours per week).

 

Percentage of Small Businesses offering health coverage:

3-9 employees             50%

10-24 employees         73%

25-49 employees         87%

50-199 employees       94%

 

Quotes

"People who think they know everything are a great annoyance to those of us who do."

~Author Unknown~