Pregnancy, Disability, Sexual Harassment and Disability Association

September 9, 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.

 

Upcoming Events

September 22, Mt. Sac (Walnut), How to Build a Salary Structure & Merit Pay System, Click here for more information.

 

September 29, Mt. Sac (Walnut), Cal-OSHA & IIPP Basics, Click here for more information.

 

October 6, Mt. Sac (Walnut), Coaching to Improve Performance, Click here for more information.

 

October 13, Mt. Sac (Walnut), How to Create and Conduct a Formal Discipline Discussion, Click here for more information.

 

October 20, Mt. Sac (Walnut), Cal-OSHA & IIPP Basics, Click here for more information.

 

Step Three Pays $60,000 for Pregnancy and Disability Discrimination

Step Three, Ltd., a Hawaiian resort retailer, will pay $60,000 for discriminating against an employee because of her fertility treatments and eventual pregnancy.   The EEOC simultaneously filed and resolved its pregnancy and disability discrimination suit against Step Three in a settlement that includes widespread changes to company policy and procedures.  

 

According to the EEOC's suit, a female retail buyer in Honolulu informed the company that she began treatments for infertility in 2011. Upon disclosure of her disability, a company official allegedly made offensive comments about her intentions and became even less receptive upon disclosure of her pregnancy later that same year.  The buyer was disciplined after disclosing her need for fertility treatments, and then discharged when she disclosed her travel restrictions due to her pregnancy.

 

Such alleged conduct violates the Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act (PDA), and the Americans with Disabilities Act (ADA).  The two-year consent decree requires Step Three to pay $60,000 to the victim and provide her with a neutral reference.  Step Three also agreed to hire a consultant to ensure compliance with Title VII and the ADA; revise the company's anti-discrimination policies and procedures; provide annual training for staff; and hold supervisory staff accountable for engaging in or failing to address discrimination, harassment or retaliation on the job.  The EEOC will monitor compliance with the agreement.  

 

FEHA Protections to Employees Based on Association with Disabled Person Expanded

Recently, a California Court of Appeal held that a fired employee could proceed with a lawsuit in which he claimed that his employer discriminated against him based on his association with his disabled sister to whom he planned to donate a kidney.

 

Scott Rope was employed as a branch manager by Auto-Chlor System of Washington, Inc. since September 2010. When he was hired, Rope informed Auto-Chlor that in February 2011, he planned to donate a kidney to his disabled sister. In November 2010, Rope learned that he will be entitled to 30 days of paid leave for the transplant under a new law called the Michelle Maykin Memorial Donation Protection Act (DPA). Based on the DPA, which was scheduled to go into effect on January 1, 2011, Rope requested 30 days of paid leave from Auto-Chlor’s regional manager who said he would “look into it.”

 

Rope allegedly continued to follow up with Auto-Chlor without getting a response. He also informed the company that depending on how the surgery and recovery went, it was possible that he would need some accommodations upon his return from leave. Despite Rope’s satisfactory performance reviews, Auto-Chlor terminated Rope’s employment for poor job performance on December 30, 2010—two days before the DPA went into effect. Rope sued Auto-Chlor, alleging multiple claims, including disability discrimination by association, failure to maintain a discrimination-free workplace, and a violation of the DPA.

 

Because of a lack of California precedent on the issue of association discrimination, the court looked to a Seventh Circuit Court of Appeals case, Larimer v. International Business Machines Corp., which addressed association discrimination under the Americans with Disabilities Act. Using the “expense” theory under Larimer, the California Court of Appeal noted that there was a reasonable inference that Auto-Chlor terminated Rope’s employment in order to “avoid an expense stemming from Rope’s association with his physically disabled sister.” The court also allowed Rope to proceed with his claim of failure to provide a discrimination-free environment. The court stated that the claim can proceed as long as there is a viable discrimination claim to which it can attach. In this instance, the court found, Rope’s failure to provide a discrimination-free environment claim could attach to his association discrimination claim.

 

Save-A-Lot Settles Sexual Harassment Lawsuit for $325,000

A Jackson, Miss-area Save-A-Lot grocery store operated by Venture, Inc. will pay $325,000 and furnish other relief to settle a class sexual harassment lawsuit brought by the EEOC.

 

The EEOC lawsuit charged that a manager employed by Venture repeatedly propositioned female employees for sex, even offering money and benefits in exchange for sex. The EEOC alleged that the manager used sexually offensive and degrading language, made graphic comments describing sex acts and engaged in other sexually degrading behavior.  More than 20 women were victims of the sexually hostile workplace, the EEOC said.  

 

The 30-month consent decree resolving the suit provides that the company will put a number of measures in place to prevent harassing behavior and have in place procedures in the event it does occur.  Those measures include training for Venture's managers in preventing and responding to harassment; notices posted in all Mississippi Venture, Inc.'s locations informing employees about the lawsuit's resolution and their rights under federal anti-discrimination laws; and a court injunction prohibiting further harassment and retaliation.

 

Factoids

• 58% of employees over 60 say they will delay retirement
• Approximately 46% of baby boomers are expected to run short in retirement
• Only 7% of women feel very confident that they will be able to retire with a comfortable lifestyle
• 19% of all people are very confident that there retirement income goals will be achieved by age 65 and 16% are not confident at all.
• 45% of all people have less than $50,000 in total retirement savings

 

Quotes

“It takes 20 years to build a reputation and five minutes to ruin it.”
~Warren Buffett~