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  

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

 

GGNSC Administrative Services Pays $75,000 in Disability Bias Suit

A federal judge in Milwaukee has entered a consent decree resolving a disability discrimination lawsuit brought by the EEOC.  According to the EEOC's suit, GGNSC violated federal law by firing an employee of its Milwaukee office, Mary Benford, after she requested an extension of leave to recover from knee surgery.  Denying an employee medical leave for treatment of a disability violates the Americans with Disabilities Act unless granting the leave would cause the employer undue hardship.  

 

The consent decree settling the lawsuit provides that GGNSC will pay $75,000 to Benford and prohibits future discrimination.  Also, GGNSC will train its employees, managers and supervisors regarding disability discrimination and an employer's obligations and the rights of employees under the ADA.  The company will create a new anti-discrimination policy that explains the its commitment to providing reasonable accommodations under the ADA, report future accommodation requests to the EEOC and remove from

 

Benford's file any negative reference to her accommodation requests or her termination.
GGNSC Administrative Services is the central billing and collections office for Golden Living, a family of companies that collectively has 40,000 employees and, through subsidiaries, provides hospice care, home health services and temporary staffing services. 

 

Camden Place Health & Rehab Pays $51,000 in Disability Discrimination Lawsuit

Camden Place Health & Rehab, LLC, a Greensboro, NC health and rehab facility, will pay $51,000 and furnish other relief to resolve a disability discrimination lawsuit filed by the EEOC.  

 

According to the EEOC's lawsuit, Yvonne Quaynor worked for Camden Place as a certified nursing assistant (CNA).  Quaynor has asthma, a condition that affects her ability to breathe.  The EEOC's complaint alleged that around January 2010, Camden Place began requiring all of its CNAs to supervise residents during scheduled smoking breaks.  Quaynor found that the secondhand cigarette smoke that she inhaled while supervising these breaks aggravated her asthma. 

 

The EEOC said that Quaynor complained repeatedly to her supervisors that the cigarette smoke was aggravating her asthma and that in July 2010, after a particularly severe asthma attack, Quaynor brought a note from her doctor to Camden Place and asked to be excused from supervising the smoking breaks.  The suit further alleged that Camden Place denied Quaynor's request and that she was subsequently fired on July 26, 2010, for refusing to supervise the smoking breaks.  

 

Such alleged conduct violates the Americans with Disabilities Act (ADA), which protects employees and applicants from discrimination based on their disabilities and requires employers to provide disabled employees with reasonable accommodations. 

In addition to monetary damages, the two-year consent decree resolving the suit requires Camden Place to conduct training on, among other things, the ADA and its reasonable accommodation requirements; Camden Place's procedure for requesting a reasonable accommodation under the ADA; and the obligation to engage in the interactive process under the ADA when an employee requests such an accommodation.  Camden Place will also post a copy of its anti-discrimination policy at its facility. 
 

River View Coal Pays $245,000 to Settle Race Discrimination Suit

River View Coal, LLC, will pay a total of $245,000 to a class of African-American applicants and furnish other relief to settle a class race discrimination lawsuit filed by the EEOC.

 

According to the EEOC's lawsuit, River View Coal excluded a class of African-American applicants from coal mining jobs at its Waverly, KY facility since Aug. 1, 2008.

 

The consent decree settling the suit provides that the settlement proceeds will be distributed to a class of applicants.  The decree requires River View Coal to report on its hiring for two years.  The company will be prohibited from engaging in future discrimination against African-American employees or applicants and from retaliating against applicants or employees who exercise their rights to complain about discrimination or assist in an investigation or discrimination-related proceeding. 

 

River View Coal will also post a notice of non-discrimination at its facility and train its hiring managers and employees involved in the hiring process.  The company will also endeavor to increase its racial diversity in the workforce by advertising all open underground positions throughout the duration of the decree with several local and county unemployment offices

 

According to company information, River View Coal is a subsidiary of Alliance Resource Partners LP, the third-largest eastern United States coal producer.  Alliance operates 10 coal mines in Illinois, Indiana, Kentucky, West Virginia and Maryland.   

 

Factoids

• 25% of employees felt their company valued them and showed often
• 41% said they only get occasional recognition
• 5% felt their employer didn’t know they existed
• 7% said income is the reason they are passionate about their jobs
• 38% said “feeling like we’re making a difference” makes us passionate about our jobs
• 35% or workers change jobs at least every 5 years

 

Quotes

“A great team, great energy, and great hard work will never make up for a bad idea.”

~Steve Ballmer~