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.

Full Day Workshop on January 16: Start the new year on the right “employment law” foot! Click on HR4U 101 Workshop for more details. Now approved for 8 hours of HRCI credit.

 

January 18, “Affordable Care Act Overview" sponsored by the Institute of Management Accountants

 

January 31, “How to Build a Hiring System for Consistent Performance” sponsored by Capstone Pacific Investment Strategies

 

February 11, “Leave Me Alone! An Overview of Leave Laws in California” workshop sponsored by Industry Manufacturers Council

 

Female Former NSB Firefighter Awarded $444,000 in Sex Discrimination Suit

A federal jury has unanimously found the city of New Smyrna Beach liable in the sexual harassment of former female firefighter-paramedic and awarded her $444,000 in back wages and emotional distress damages.

 

The jury found that Melissa Smith suffered sexual harassment at the hands of lieutenants and chiefs within the Fire Department. They also said there was evidence she was retaliated against and eventually fired when she complained about the treatment.

 

In addition to the jury's $444,000 award, Smith is also entitled under state and federal law to either reinstatement or front pay and that will be decided later.

 

In the lawsuit complaint filed in July 2011, Smith's attorneys stated "after being told by a battalion chief that 'women should not be in the fire service,' (she) was harassed and treated poorly not only by the same battalion chief, but by other male firefighters as well because of her gender. After complaining about gender discrimination, she was suspended indefinitely and terminated by the City of New Smyrna Beach."

 

Smith said, I took it all the way up to the City Manager and pleaded with him to fix it. I tried and tried to fix this while working there.

 

The jury verdict form showed jurors agreed in all cases that a "preponderance of the evidence" supported each of Smith's claims, including the lone "no" marked on the form. That no stated jurors did not see evidence that Smith would have been discharged or otherwise adversely affected for other reasons even in the absence of the statutorily protected activity.

 

Interestingly, Smith's lawsuit came after the EEOC dismissed her complaint of gender discrimination, stating its investigation failed to find any violations of statute.

 

Grand Central Partnership to Pay $135k to Settle EEOC Lawsuit for Retaliation

Grand Central Partnership, Inc. will pay $135,000 and furnish other relief to settle an employment discrimination lawsuit filed by the EEOC.   The EEOC had charged that the not-for-profit developer of real estate, offices, and facilities around Grand Central Terminal in New York City unlawfully fired a black Rastafarian security officer for his 2010 complaints of threats of violence and racism and his participation in an EEOC lawsuit resolved in 2009.  

 

The EEOC's 2011 lawsuit asserted that a non-Rastafarian security officer threatened to shoot a group of Rastafarian officers.  When the Rastafarians complained, a white security supervisor made light of the physical threat and implied the Rastafarians were at fault.  One Rastafarian security officer objected to the supervisor's reaction and complained that he heard the supervisor had referred to the Rastafarians by the "N-word."   The Rastafarian security officer immediately contacted EEOC about the incident.  The EEOC said that Grand Central Partner­ship fired the security officer for this. 

 

In 2008, the EEOC sued Grand Central Partnership for failing to accommodate the religious beliefs of four Rastafarian employees who needed modifications to its dress code.  That lawsuit was resolved by a 2009 consent decree which prohibited Grand Central Partnership from retaliating against Rastafarian security officers for their participation in the lawsuit.   The 2011 lawsuit alleged that Grand Central Partnership unlawfully terminated the Rastafarian security officer and breached the earlier consent decree which was still subject to supervision by the federal court.

 

In addition to the monetary relief which will be paid to the Rastafarian security officer, the new consent decree requires Grand Central Partnership to conduct extensive training on investigating discrimination complaints, including methods for proper documentation and unbiased assessment of witness credibility.  The decree also requires Grand Central Partnership to regularly report to EEOC about any further complaints of religious discrimination or retaliation.     

 

Factoids

• Smoking breaks cost the average employer $3077 per year, $2056 in extra healthcare costs, and $517 in excessive absenteeism
• The average obese employee takes 5.9 more sick days than the non-obese employee and costs employers $6.4 billion per year
• 77% of workers earn paid vacation
• 52% of Americans find explanations of their 401(k) investments more confusing than explanations of their health care benefits
• Millennials (Gen Y, born between 1978 and 1999) will make up 75% of the workforce by 2025

 

Quotes

“You can’t expect to hit the jackpot if don’t put a few nickels in the machine.”

~Flip Wilson~