This & That Tuesday 14.9.23
"This & That" Tuesday: Religious and Age Discrimination
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
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 14, Culver City, What the New Paid Sick Leave Law Will Mean to You, Click here for more information
October 20, Mt. Sac (Walnut), Cal-OSHA & IIPP Basics, Click here for more information.
November 8, Pasadena City College, Hiring Talent for Improved Performance, Click here for more information
November 15, Mt. Sac (Walnut), How to Create and Conduct a Formal Discipline Discussion, Click here for more information
November 15, Mt. Sac (Walnut), How to Build a Salary Structure & Merit Pay System, Click here for more information
Dynamic Medical Services Pays $170,000 To Settle Religious Discrimination Lawsuit
Dynamic Medical Services, Inc., a Miami company which provides medical and chiropractic services, has agreed to settle a religious discrimination lawsuit filed by the EEOC.
The EEOC charged in its suit that Dynamic Medical Services, Inc. ("DMS") required Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote and other employees to spend at least half their work days in courses that involved Scientology religious practices, such as screaming at ashtrays or staring at someone for eight hours without moving. The company also instructed employees to attend courses at the Church of Scientology. Additionally, the company required Sanchez to undergo an "audit" by connecting herself to an "E-meter," which Scientologists believe is a religious artifact, and required her to undergo "purification" treatment at the Church of Scientology.
According to the EEOC's suit, employees repeatedly asked not to attend the courses but were told it was a requirement of the job. In the cases of Rodriguez and Sanchez, when they refused to participate in Scientology religious practices and/or did not conform to Scientology religious beliefs, they were terminated.
According to the terms of the consent decree, which was approved by the U.S. District Court in September 2013, DMS will pay $170,000 to settle the lawsuit. Payments will be made to the four named claimants Rodriguez, Ruz, Sanchez, Capote, and four other identified class members. The agreement also requires DMS to accommodate employees who complain about attending and/or participating in religious courses or other religious work-related activities for religious reasons; to notify EEOC if employees request a religious accommodation; to adopt an anti-discrimination policy that explains to employees their rights under Title VII with respect to religious discrimination; and to conduct training for DMS employees covering Title VII, and specifically focusing on religious discrimination.
Employers cannot make participation in religious practices a mandatory condition of employment. Moreover, employees who object to such mandatory practices and request an accommodation cannot be in fear of retaliation.
Kentucky Fried Chicken Franchise Pays $40,000 to Settle Religious Discrimination Lawsuit
Scottish Food Systems, Inc. and Laurinburg KFC Take Home, Inc. will pay $40,000 and furnish other relief to resolve a religious discrimination lawsuit filed by the EEOC. Scottish Food Systems and Laurinburg KFC Take Home are based in Laurinburg, N.C. and jointly operate a chain of Kentucky Fried Chicken restaurants in North Carolina.
According to the EEOC's complaint, Sheila Silver converted to Pentecostalism in 2010. As a member of the Pentecostal church, Silver believes women cannot wear pants. In accordance with this religious belief, Silver has not worn pants since the fall of 2010. Silver has worked for various Kentucky Fried Chicken restaurants since 1992. Scottish Food Systems and Laurinburg KFC Take Home purchased the KFC restaurant where Silver worked in Rocky Mount, N.C., in April 2013. The EEOC's complaint alleged that the companies informed Silver she must wear pants to work because of their dress code policy. According to the EEOC, Silver told Scottish Food Systems and Laurinburg KFC Take Home she could not wear pants because of her religious beliefs. However, the companies ultimately fired her for refusing to wear pants to work.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964 (Title VII), which requires employers to reasonably accommodate an employee's religious beliefs as long as doing so would not pose an undue hardship.
In addition to monetary damages, the three-year consent decree resolving the suit requires Scottish Food Systems and Laurinburg KFC Take Home to adopt a formal religious accommodation policy and to conduct an annual training program on the requirements of Title VII and its prohibition against religious discrimination. Scottish Food Systems and Laurinburg KFC Take Home will also post a copy of their anti-discrimination policy at all of their facilities.
Servers Awarded $5.7M in Age Discrimination Suit
A jury has awarded nearly $5.7 million to four servers who alleged they were fired from a Los Angeles restaurant because of their ages. City News Service says Superior Court jurors last week awarded damages to the women, who range in age from 49 to 70 years old.
The four sued Cable's Restaurant in Woodland Hills for age discrimination and wrongful termination. The women said new owners who took over the restaurant in 2010 let them go and replaced them with women in their 20s.
Factoids
- 78.3% of companies use LinkedIn for recruiting purposes
- 64% of employees say they are interested in more voluntary benefits
- 60% of employees say they are willing to pay more of the benefit costs to have more choices
- 15% of employers say they conduct employee benefit surveys on a regular basis
- 38% say they never do
Quotes
"Life is what happens to you while you’re busy making other plans.”
~John Lennon~