"This & That" Tuesday: Medical History Inquiries, Retaliation

 

January 13, 2015

 

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 Special Event

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.

Upcoming Events for 2015  

January 15, Labor Law Update 2015, La Verne Chamber of Commerce

Information at Human Resources 4U

 

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

Information at: Human Resources 4U

 

February 5-6, What Employers Need to Know About Human Resources, Seminar

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

 

February 11, Webinar on Discipline

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

 

February 12, Labor Law Update 2015, Glendora Chamber of Commerce

Information at Human Resources 4U

 

February 21, Labor Law Update 2015, Institute of Management Accountants, San Gabriel Valley

Information at: Human Resources 4U

 

Illegal Medical History Inquiries

The EEOC recently settled a charge alleging that a class of job applicants was subjected to illegal medical exams and family medical history inquiries. The employer will pay $187,500 to settle the lawsuit.

 

According to the EEOC, the employer required job applicants to undergo physical exams and fill out health questionnaires as a condition of employment; the questionnaires contained improper inquiries about the applicants’ medical conditions and family medical histories, also known as genetic information.

 

The EEOC alleged that the applicant was then denied employment due to his perceived disability, even though the prior condition had no correlation to the job. The EEOC also alleged that the companies failed to adequately maintain the confidentiality of the medical and genetic information, permitting such information to be unlawfully commingled with non-confidential personnel files.

 

Such alleged conduct violates the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA). The EEOC filed brought lawsuits against the employer in a federal district court in California. In addition to the monetary settlement, the employer also agreed to:

• Ensure that the employer’s policies and procedures are revised to comply with the ADA and GINA
• Provide the policies in both English and Spanish
• Provide bi-annual training to all of the employer’s managers, supervisors and leads regarding the requirements of the ADA and GINA
• Hold managers and supervisors accountable in their performance evaluations for any failure to comply with anti-discrimination policies.

 

Winfield Rubber Pays $75,000 to Settle Retaliation Lawsuit

A Winfield, Ala., rubber products manufacturing company will pay $75,000 and furnish injunctive relief to settle a retaliation lawsuit filed by the EEOC.

 

The EEOC's lawsuit charged that Winfield Rubber Manufacturing Co. Inc. retaliated against plant manager Mark Holmes for opposing workplace sexual harassment of a subordinate employee and because Holmes responded properly under federal anti-discrimination law.

 

At the time, Holmes was responsible for investigating sexual harassment allegations made by subordinate employees at Winfield Rubber and determining the appropriate company response. According to the suit, Holmes received a complaint from a female subordinate employee which alleged she was the victim of sexual harassment by a male co-worker. His internal investigation revealed evidence substantiating the complaint, including a confession by the alleged harasser. Holmes fired the harasser, but the company reinstated him despite objections of the plant manager, and instead fired Holmes.

 

The settlement, memorialized in a two-year consent decree, includes $75,000 in monetary relief for Holmes. The decree requires Winfield Rubber to implement new policies and practices designed to prevent retaliation, conduct management training on anti-discrimination laws, and post notices at the worksite. For the decree's two-year period, Winfield Rubber is also required to provide copies of certain documents to the EEOC.

 

Factoids

• 20% of employers have a smoking surcharge for employee health care
• Under the statutory requirements, employers must give qualified beneficiaries at least a 60-day period in which to make a COBRA election, and then another 45 days in which to make the initial premium payment.

 

A Gallup Poll of over 1 Million American Workers Discovered:

• The #1 Reason Employees Leave is a Bad Boss/Supervisor
• Poorly Managed Work Groups are 50% Less Productive
• Poorly Managed Work Groups are 44% Less Profitable
• Nearly HALF of American Workers Would Fire Their Boss If Allowed
• 30% Would Send Their Boss to a Workplace Psychologist

 

Quotes

"Always go to other people’s funerals, otherwise they won’t come to yours.”

~Yogi Berra~