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.

Upcoming Talks

July 9, City of Industry “HR4U 101 Full-day Workshop" Click here for more information.

 

July 17, West Covina "Critical Human Resources Issues for Business Owners" Click here for more information.

 

August 6, Sierra Madre, “The Big Seven Employment Trouble Spots” Click here for more information.

 

Schindler Elevator Corporation Pays $35,000 to Settle Race Discrimination

Schindler Elevator Corporation, headquartered in Morristown, N.J. will pay $35,000 and furnish significant remedial relief to settle a race discrimination lawsuit filed by the EEOC. Schindler is one of the leading global manufacturers, installers, and servicers of elevators, escalators and moving walkways.

 

According to the EEOC's lawsuit, Schindler discriminated against African-American elevator mechanic Ronnie White when it selected him for layoff from a larger group of employees working at a company facility in Charlotte.  The company selected White, who was employed by the company for over 29 years, for termination for allegedly having weaker technical and customer service skills than his co-workers, all of whom were Caucasian.  Schindler did not have a formal layoff procedure in place, and instead allowed the process to be determined solely by a field superintendent.  The field superintendent selected White for termination from a group of three employees in spite of the fact that White had higher scores in all of the considered categories than one of the white employees retained, and higher scores in all categories except one than the other Caucasian retained.

 

In addition to $35,000 in compensation, the two-year consent decree resolving the case includes injunctive relief enjoining Schindler from engaging in future racial discrimination.  The decree also requires the company to conduct anti-discrimination training at its Charlotte facility; post a notice about the settlement there; redistribute its policy prohibiting racial discrimination; and report certain complaints of discrimination to the EEOC for monitoring.

 

Rapid City Market Pays $50,000 to Settle Discrimination Against Transgender Employee

In a conciliation agreement with the EEOC, a Rapid City, S.D., supermarket owner has agreed to pay $50,000 to a former employee who was fired for being transgender.

 

An investigation by the EEOC revealed that the owner of Don's Valley Market terminated the well-performing employee, who had recently been promoted, after she indicated her intent to present as a woman. Following the investigation of the discrimination charge filed by the former employee, the EEOC determined that there was reasonable cause to believe that the company violated Title VII of the Civil Rights Act of 1964.

 

There has been a steady stream of district court decisions finding that claims of discrimination based on transgender status, also referred to as gender identity, are cognizable under Title VII's sex discrimination prohibition.

 

In addition to paying $50,000, the conciliation agreement requires Don's Valley Market to obtain professional anti-discrimination training annually for all of its employees; implement and distribute an anti-discrimination policy to all employees; report all future complaints of discrimination to the EEOC; and provide the former employee with a letter of apology and a neutral letter of reference.

 

Caddell Construction Pays $125,000 to Settle Disability Discrimination

Montgomery, AL-based Caddell Construction Company, a major national general construction contractor, has agreed to pay $125,000 and be subject to a consent decree to settle a disability discrimination lawsuit brought by the EEOC.

 

The EEOC brought suit on behalf of Patricia Pittman, a former Caddell employee, who suffered a leg fracture requiring surgery while working at Caddell's Eglin Air Force Base facility. Following the surgery, Caddell refused to provide Pittman with a reasonable accommodation. Pittman had requested the accommodation of a wheelchair ramp to enter the office and to be allowed to use her crutches and a walker. Caddell fired Pittman days after her request for accommodation.

 

Such alleged conduct violates Americans with Disabilities Act (ADA), which requires employers to provide a reasonable accommodation for an employee's disability, unless the employer would suffer an undue hardship as a result. In addition to monetary relief ordered by the court under the two-year consent decree resolving the lawsuit, Caddell is obligated to provide training to its employees on its obligations under the ADA and post an employee notice about the lawsuit informing employees of Caddell's duty under the law to maintain a workplace free from unlawful discrimination. The company must allow the EEOC to monitor compliance with the decree. Also, the decree prohibits Caddell from discriminating based on disability against employees or applicants for employment.

 

Factoids

• 75% of leaders say they encourage employees to learn from their mistakes and own up to their own mistakes while on 46% of employees feel they are encouraged to learn from mistakes and only 16% believe that their managers admit their mistakes

Specialty Drugs

• Specialty Drugs account for more than 30% of drug costs
• Expected to be about 50% by 2017 or 2018
• The average employee co-payment for a specialty drug prescription is $71

 

Quotes

"Coming together is a beginning; keeping together is progress; working together is success”

~Henry Ford~