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 eligible 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

 

Day & Zimmerman Resolve EEOC Racial Discrimination Claims for $190,000

The EEOC and Day & Zimmerman NPS, a leading supplier of maintenance, labor, and construction services to the power industry, filed a consent decree resolving claims that Day & Zimmerman violated federal law by creating a hostile work environment for an African-American laborer.  In the lawsuit, EEOC alleged that Day & Zimmerman, through its foreman at the Poletti Power Plant in Astoria, Queens, N.Y., had subjected Carlos Hughes to physical and verbal racial harassment. 

 

According to the EEOC, Day & Zimmerman's foreman subjected Hughes to daily harassment for almost a year and a half.  The harassment included racial insults and derogatory stories referring to African Americans as stupid and incompetent, as well as frequently tripping Hughes, and once kicking him in the buttocks.  The foreman also told racist jokes in the workplace, and made negative comments about African Americans; including that Sean Bell (shot by the police at a nightclub) deserved to be shot, and threatened that candidate Barack Obama would be shot before the country allowed a black president.  

 

EEOC alleged that Hughes complained to management many times for more than a year regarding the harassment, and that when Day & Zimmerman finally arranged a meeting in response, it disciplined Hughes less than an hour later, and then fired him that same day, citing a false safety violation as a reason.  

 

This alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, including racial harassment, and protects employees who complain about such offenses from retaliation.  

 

Day & Zimmerman is one of the largest providers of plant maintenance, modification and construction services to the fossil and nuclear power generating industries throughout the United States. Last year it boasted annual revenues of $2.1 billion and a global workforce of over 24,000 across 150 worldwide locations.  As part of the consent decree, Day & Zimmerman agreed to additional training of its managers at the Poletti Power Plant and to encourage use of its telephone hotline number by employees who believe they have been subjected to discrimination or harassment.

 

Eliminating policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC's investigative or enforcement efforts, is one of six national priorities identified by the Commission's Strategic Enforcement Plan (SEP).

 

Voss Lighting to Pay $82,500 to Settle EEOC Religious Discrimination Lawsuit

Voss Electric Co., doing business as Voss Lighting, will pay $82,500 and furnish company-wide injunctive relief to settle a religious discrimination lawsuit filed by the EEOC.  The EEOC had charged that the supplier of replacement lighting products violated federal law by refusing to hire a qualified applicant at its Tulsa location because of his religious beliefs.

 

According to the EEOC's suit, Voss Lighting advertised a vacancy for an "operations supervisor" position at its Tulsa location through the website of a Tulsa-area church attended by the incumbent supervisor.  Edward Wolfe, who had prior operations management experience, learned about the vacancy and applied for the position although he did not himself attend the church.  Voss's incumbent supervisor met with Wolfe and casually gathered personal information about his religious beliefs and practices.  Notwithstanding the fact that Wolfe provided his resume and other job-related information, the supervisor forwarded only Wolfe's personal religious information to the branch manager and recommended that he be hired. 

 

When the branch manager formally interviewed Wolfe, the majority of the job interview concerned Wolfe's religious activities and beliefs, the EEOC said.  For instance, Wolfe was asked to identify  every church he has attended over the past several years; where and when he was  "saved" and the circumstances that led up to it; and whether he "would have a  problem" coming into work early to attend Bible study before clocking in.  According to Wolfe, the branch manager expressed dissatisfaction with his truthful responses to the religious questioning.

At the time Wolfe was interviewed, Voss had no viable candidates for the position being filled. Despite being considered qualified for the position, Wolfe was denied employment on the basis of his religious beliefs, the EEOC charged.  Voss continued to seek applicants and eventually hired an individual whose religious ideology matched that of the company and its leadership.

 

In addition to the $82,500 payment to Wolfe, the consent decree also requires Voss Lighting to undertake  specified company-wide actions designed to prevent future religious discrimination,  including the posting of an EEOC notice specifically prohibiting employment discrimination  on the basis of religion at all its 21 locations spanning 12 states, re-dissemination  of anti-discrimination policies; periodic reporting to the EEOC of specified  hiring information; religion-neutral job advertising; and the training of management  on religious discrimination.

 

Refusing to hire a qualified job applicant because his religious beliefs do not comport with those of the employer's leadership is illegal, even if the for-profit company purports to have a religious mission or purpose.  The EEOC is optimistic that the corporate-wide remedial actions agreed to by Voss Lighting will put an end to the role religion plays in its decisions affecting applicants and employees.  Voss Lighting,  with over 200 employees, specializes in the sale of lighting products and does  business throughout the United States.

 

Eliminating barriers in recruitment  and hiring, especially class-based recruitment and hiring practices that  discriminate against racial, ethnic and religious groups, older workers, women,  and people with disabilities, is one of six national priorities identified by  the Commission's Strategic Enforcement Plan (SEP).

 

Factoids

• 23% of employees say their boss has asked them to do some non-work-related tasks for them.
• In 2013, 83% of workers said they are stressed out at work by at least one thing. This is up from 73% in 2012. Low wages was the top stressor.

 

Job Satisfaction

• In 1999, overall job satisfaction was 59%
• In 2009 it was down to 49%
• Satisfaction with work/family balance, health coverage, training opportunities, retirement benefits, and total income all dropped between 9% and 12% over the same period.

 

Quotes 

“It matters not whether you win or lose; what matters is whether I win or lose."

~ Darrin Weinberg ~