"This & That" Tuesday: Race Discrimination, Religious Garb and Grooming, Disability 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

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 2014 and 2015, more details to follow:

December 16, Webinar on “Human Resource Issues for Business Owners”

http://www.trainhr.com/ and go to Webinar Search – by month

 

January 6, Webinar on How to Build a Salary Structure

http://www.trainhr.com/ and go to Webinar Search – by month

 

January 21, Webinar on Coaching for Improved Performance

http://www.trainhr.com/ and go to Webinar Search – by month

 

January 27, Labor Law Update 2015, Irwindale Chamber of Commerce

 

February 11, Webinar on Discipline

http://www.trainhr.com/ and go to Webinar Search – by month

 

February 21, Institute of Management Accountants, San Gabriel Valley

 

Jury Awards Westminster Latino Officers $3.5M after Bias Claims

A federal jury ordered Westminster's police chief and three former chiefs to pay about $3.5 million to three Santa Ana, CA  Latino officers who alleged discrimination.

 

The jury ruled that the city itself was not responsible for discrimination. But the city was ordered to pay an additional $160,000 for retaliation that two of the officers said they faced after bringing allegations of discrimination in 2010.

 

The three officers filed a lawsuit in 2011 saying they were denied assignments that usually put officers on the track to promotion. Less-qualified white officers got many of the jobs instead, their lawsuit said.

 

The verdict, which came after four days of jury deliberation, brought tears on both sides of the courtroom.

 

The officers' attorney cited statistics backing the allegation that Latino officers were more likely to be assigned to a less-prestigious mall detail than to become a detective or a motorcycle officer. The officers were not given special assignments besides the mall.

 

Two of the three plaintiffs said they faced retaliation after first bringing allegations of discrimination in 2010. They had clean histories but suddenly faced punishment for invented or exaggerated charges of conduct, including not returning a pen to the evidence room quickly enough.

 

Their attorney also told the jury that police supervisors made comments that prove race or ethnicity was a factor in how officers were treated. One officer was referred to as an English learner and called “Dirty Sanchez,” a sexual term, and “12500 Julio,” a reference to the state vehicle code for an unlicensed driver.

 

EEOC Issues New Publications on Religious Garb and Grooming in the Workplace

The U.S. Equal Employment Opportunity Commission recently issued two new technical assistance publications addressing workplace rights and responsibilities with respect to religious dress and grooming under Title VII of the Civil Rights Act of 1964.

 

The question-and-answer guide, entitled "Religious Garb and Grooming in the Workplace: Rights and Responsibilities," and an accompanying fact sheet, provide a user-friendly discussion of the applicable law, practical advice for employers and employees, and numerous case examples based on the EEOC's litigation. 

 

Employers covered by Title VII must make exceptions to their usual rules or preferences to permit applicants and employees to follow religiously-mandated dress and grooming practices unless it would pose an undue hardship to the operation of an employer's business.  When an exception is made as a religious accommodation, the employer may still refuse to allow exceptions sought by other employees for secular reasons. 

 

Topics covered in the publications include: 

• prohibitions on job segregation, such as assigning an employee to a non-customer service position because of his or her religious garb;
• accommodating religious grooming or garb practices while ensuring employer workplace needs;
• avoiding workplace harassment based on religion, which may occur when an employee is required or coerced to forgo religious dress or grooming practices as a condition of employment; and
• ensuring there is no retaliation against employees who request religious accommodation.

 

Religious discrimination charges relating to a wide range of issues have steadily increased.  In fiscal year 2013, the Commission received 3,721 charges alleging religious discrimination, more than double the 1,709 charges received in fiscal year 1997.

 

EEOC Settles Disability Discrimination Suit Against Osceola Community Hospital

Osceola Community Hospital in Sibley, Iowa will pay $75,000 and furnish other relief to settle a disability discrimination lawsuit filed by the EEOC.

 

The agency had alleged that Bright Beginnings of Osceola County, a day care center operated by the hospital, unlawfully failed to hire a volunteer employee into a paid position for which she was qualified because of her cerebral palsy.  The woman who brought the charge of discrimination against the hospital already volunteered in the day care center and held a job driving a school bus.  Still, the EEOC's investigation revealed, the county refused to hire her into a paying job in the center out of an unfounded fear that her disability meant that she could not safely care for the children.

 

Such alleged conduct violates the Americans with Disabilities Act (ADA).  Judge Mark Bennett entered a consent decree on February, 28, 2014, resolving the litigation.  Under the terms of the decree, Osceola Community Hospital will pay $75,000 to the discrimination victim.  The decree also requires the hospital to institute a policy prohibiting discrimination on the basis of disability and to distribute the policy to all of its employees.  The hospital will also have to train its employees and report regularly to the EEOC on its compliance with the ADA.

 

Factoids

• Dov Charney was fired by American Apparel’s board earlier this year partly because of his history of harassing behavior. The company spent $5.3 million in legal and consulting fees so far in dealing with the Charney “behavioral issues.”
• 8000 baby boomers turn 65 every day.

 

% of people that visit the dentist at least annually

• 46% of people earning less than $25,000 per year
• 86% of people earning more than $100,000 per year
• 52% of people without dental coverage
• 78% of people with dental coverage

 

Quotes

"I have not failed. I’ve just found 10,000 ways that won’t work.”

~Thomas Edison~