August 12, 2014

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.

 

Del Monte Settles EEOC Farmworker National Origin Lawsuit

Del Monte Fresh Produce, one of the country's leading producers of fresh fruit and vegetables, has agreed to settle a discrimination lawsuit filed in Hawaii against its Hawaii subsidiary by the EEOC.  

 

As part of the settlement, Del Monte Fresh Produce will pay $1.2 million to be distributed to the Thai claimants in the EEOC's case.  In addition, Del Monte Fresh Produce has partnered with the EEOC to champion and ensure equal employment rights and opportunities by setting an example for the U.S. farming industry.

  

Specifically, Del Monte Fresh Produce has agreed to institute comprehensive protocols and accountability measures to ensure that all farm labor contractors that work with Del Monte Fresh Produce comply with federal laws against discrimination and retaliation.  This is the first effort of its kind for a farm to ensure farm labor contractor accountability for federal anti-discrimination laws. 

 

Among other things, Del Monte Fresh Produce has agreed to:

• Establish procedures to ensure that farm labor contractors (FLCs) disseminate policies and procedures prohibiting discrimination to their local work force and to H2-A guest workers in a language they understand;
• Establish mechanisms for FLCs to provide notices to workers about their rights under Title VII of the Civil Rights Act of 1964;
• Disseminate notices to all workers, including FLC and Del Monte Fresh Produce employees alike, on methods for submitting discrimination complaints;
• Conduct audits to ensure FLC compliance with the consent decree throughout its term;
• Designate  a compliance officer for oversight of FLC compliance and Title VII compliance as required under the consent decree;
• Train managers, supervisors, and employees on their obligations under Title VII; and
• Report to the EEOC and keep records.

 

The EEOC originally filed suit charging that Global Horizons, a labor contractor responsible for recruiting the Thai workers, and various farm defendants engaged in conduct that constituted national origin and race discrimination, harassment and retaliation in their treatment of farm workers recruited from Thailand from 2003 through 2006. 

 

MCM Elegante Hotel Settles Religious Discrimination Suit

704 HTL Operating, LLC and Investment Corporation of America, doing business as MCM Elegante Hotel in Albuquerque, has agreed to settle a religious discrimination lawsuit filed by the EEOC for $100,000. 

 

The settlement resolves an EEOC lawsuit for alleged religious discrimination against Safia Abdullah, who was hired for a housekeeping position at the hotel. The EEOC's lawsuit charged that this employer would not allow Abdullah to work unless she removed her religious head covering, and fired her when she declined to do so.

 

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which makes it unlawful to refuse to hire or discharge any applicant or employee because of religion or religious practices including requesting religious accommodation. The law further provides that employers have a duty to provide reasonable accommodation for sincerely held religious beliefs and practices of applicants and employees, unless doing so would cause an undue hardship. Such accommodations, for example, may include allowing individuals to wear religious clothing or take time off for religious observances.

 

In addition to monetary relief for Ms. Abdullah, the consent decree settling the suit provides for other important relief, including an injunction prohibiting future discriminatory practices; institution of policies and procedures to address religious discrimination and retaliation; training for employees of MCM, and managers and human resource officials of both defendants on religious discrimination; and posting a notice advising employees of their rights under Title VII.

 

Tri-County Lexus to Pay $50,000 to Settle Religious Discrimination Suit

United Galaxy Inc., a car dealership in Little Falls, New Jersey doing business as Tri-County Lexus, will pay $50,000 and provide other significant relief to settle a religious discrimination lawsuit filed by the EEOC.

 

According to the EEOC's lawsuit, Tri-County Lexus strictly enforced its dress code policy without granting reasonable religious accommodations, and refused to hire Gurpreet Kherha, a member of the Sikh faith, because of its policy.  Kherha's religious beliefs require him to wear a beard, uncut hair and a turban.  He applied for an available position as a sales associate, for which he was qualified, the EEOC said.  Tri-County Lexus requested that Kherha shave his beard, and he refused to comply because of his religious beliefs.  As a result, Tri-County Lexus denied him the job, the agency charged.

 

Religious discrimination in employment violates Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which provide that employers may not discriminate on the basis of an employee's or applicant's religion and, where appropriate, must provide reasonable accommodations to sincerely-held religious beliefs or practices. 

  

In addition to the $50,000 in monetary relief to Kherha, the two-year consent decree resolving the lawsuit enjoins Tri-County Lexus from future discrimination on the basis of religion.  Tri-County Lexus will also provide anti-discrimination training to both employees and management.  The dealership will also post a notice regarding the resolution of the lawsuit and appoint an EEO coordinator to ensure compliance with federal laws prohibiting employment discrimination.  

 

Factoids

• 38% of employees have dated a coworker, 16% more than once
• Average healthcare employer costs for 2013 were $9157
• Average healthcare employer projected costs for 2014 are $9560 
• Average healthcare employee cost share was 34.4% in 2011 and 37% in 2013

 

Quotes

“You don’t learn to walk by following rules. You learn to walk by doing and falling over.”

~Richard Branson~