Age Discrimination, Same-Sex Harassment

 

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

HR4U 101 Workshop, January 14, 2015. This will include information regarding the new employment laws and regulations for 2015 including the new “Paid Sick Leave” law.

Here is a link with more detailed information on the Workshop.

For 2015, more details to follow:

January 21, Webinar on Coaching for Improved Performance

 

February 11, Webinar on Discipline

 

February 21, Institute of Management Accountants, San Gabriel Valley

 

$26 Million Award for Age Discrimination by Staples

In what may be the largest award of its kind in Los Angeles legal history, a 66-year-old man was awarded $26 million by a jury that found he was discriminated against and harassed based upon his age by his supervising managers at Staples. A Los Angeles Superior Court jury awarded him $3.2 million in compensatory damages and more than $22.8 million in punitive damages.

 

Bobby Dean Nickel, 64 when he lost his job, was hired by Corporate Express in August of 2002 as a facilities manager. Staples Contract and Staples Inc. acquired Corporate Express in 2008. For nine years, Nickel received positive job reviews, according to his Los Angeles Superior Court lawsuit, filed in March 2012.

 

Because Corporate Express’ pay scale was higher than that of employees hired by Staples, Nickel alleged in his complaint that his mangers wanted to discharge older, higher paid employees. Nickel’s complaint also stated that he was a regular butt of jokes at staff meetings and was referred to as “old coot” and “old goat.” A receptionist also told Nickel she was ordered by management to provide a false statement about Nickel’s conduct but she refused to do so, according to the lawsuit.

 

After he refused to resign when prompted to by a manager, he underwent a series of false accusations and increasing levels of harassment from co-workers and a manager, including being suspended for taking a bell pepper worth 68 cents from the company cafeteria, according to the lawsuit.

 

Boh Bros. Construction Co. Pays $125,000 for Same-Sex Harassment

Boh Bros. Construction Co. has agreed with the EEOC to a consent judgment which requires the company to pay $125,000 in compensatory damages to a former employee in a sex discrimination/same sex harassment case.  The consent judgment cannot be appealed and effectively brings the litigation to a close.

 

The EEOC filed the suit against Boh Bros. in 2009 charging that a superintendent, Chuck Wolfe, harassed Kerry Woods with verbal abuse, taunting gestures of a sexual nature, and by exposing himself.  The harassment took place at a worksite around New Orleans, LA.  Woods's supervisor admitted at the trial that he harassed Woods because he thought Woods was feminine and did not conform to the supervisor's gender stereotypes of "rough iron workers." 

 

The injunction additionally required the chief executive officer of Boh Bros. to send a letter to all company employees "advising them of the verdict against Defendant in this case on the claim of sexual harassment, stating that Defendant will not tolerate sexual harassment or retaliation, and that Defendant will take appropriate disciplinary action against any manager, supervisor, or employee who engages in sexual harassment or retaliation."  The court further ordered that Boh Bros. may not re-hire the harassing official during the life of the injunction.

 

Washington Grower Pays $85K to Settle Same-Sex Sexual Harassment Lawsuit

One of the largest hop producers in the world will pay $85,000 to four workers and provide other relief to settle a sexual harassment lawsuit filed by the EEOC.

 

The EEOC's lawsuit charged that for nearly two years, male workers at eastern Washington grower Roy Farms faced a constant barrage of sexual and threatening comments and physical contact from the orchard supervisor. According to the EEOC, the supervisor would tell workers in vulgar terms that he wanted to have sex with them, and on other occasions, he would caress their faces, backs and buttocks. The EEOC contends that farmworker Martin Barrera objected to the harasser first, and then reported the matter to a different supervisor as well as the farm's owner. When nothing was done to stop the harassment, and he believed his physical safety was in danger, Barrera felt forced to quit, the EEOC said.

 

In addition to the monetary damages, Roy Farms also agreed to issue equal employment opportunity policies in English and Spanish to all of its employees in eastern Washington; institute changes to ensure that its complaint procedures are accessible; provide EEO training for its managers; and hold them accountable for any harassment occurring under their watch. In addition, Roy Farms will report harassment complaints to the EEOC for three years.

 

Factoids

• The average spending per employee on “wellness in 2014 will be $594
• The length of the average job interview has double since 2010
• 77% or workers had access to paid vacations, down from 82% in 1993
• 28% of a knowledge worker’s time is spent reading and writing emails
• The average time it takes someone who is the target of bullying to come forward is 22 months (Workplace Bullying Institute).

 

 

Quotes

"Success is never final, but failure can be.”

~Bill Parcells~