"This & That" Tuesday: Same-Sex Harassment, Remote I-9 Hires

February 3, 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 Events

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 11, Labor Law Update 2015, Pomona Chamber of Commerce

Information at Human Resources 4U

 

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

 

March 9, 2015, Time Management,

Mt. Sac Community College

Information at: (909) 274-4027 or workforcetraining@mtsac.edu

 

March 11, Labor Law Update 2015, National Association of Women in Construction

Information at Human Resources 4U 

 

March 16, 2015,           Coaching to Improve Performance,

How to Build a Hiring Process

Human Resource Issues for Business Owners

Leave of Absence Laws in California

Mt. Sac Community College

Information at: (909) 274-4027 or workforcetraining@mtsac.edu

 

March 23, 2015,             How to Create and Conduct a Formal Discipline Discussion

How to Build a Salary Structure & Merit Pay System

Cal-OSHA & IIPP Basic

AB 1825 Mandated Harassment Training for Supervisors

Mt. Sac Community College

Information at: (909) 274-4027 or workforcetraining@mtsac.edu

 

Pitre Car Dealership Pays over $2 Million for Same-Sex Sexual Harassment

Pitre Inc., an Albuquerque car dealership has agreed to settle a same-sex sexual harassment and retaliation lawsuit filed by the EEOC for over $2 million and a very strong consent decree.

 

In its lawsuit, the EEOC charged a former lot manager, James Gallegos, under the direction of Charles Ratliff, Jr., then general manager, with subjecting a class of men to egregious forms of sexual harassment, including shocking sexual comments, frequent solicitations for oral sex, and regular touching, grabbing, and biting of male workers on their buttocks and genitals. The EEOC also alleged that Pitre retaliated against male employees who objected to the sexually hostile work environment. During the pendency of the lawsuit, the retaliatory actions of Pitre raised such concern that a U.S. District Court judge granted a preliminary injunction against Pitre, prohibiting the dealership and all of its agents from threatening or engaging in retaliatory actions against case participants.

 

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex, which includes harassment of individuals of the same sex. When an employer disciplines, terminates, or takes other punitive measures against an employee for objecting to workplace discrimination, the employer further violates Title VII's anti-retaliation provision. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

 

Over 50 men are expected to receive relief through the decree. In addition to the substantial monetary relief, the decree prohibits Pitre from discriminating or retaliating against its employees, and requires Pitre to have policies and practices that will provide its employees with a work environment free of sexual harassment and retaliation, evaluate their managers on their compliance with anti-discrimination laws, and hire a monitor to oversee its efforts to provide a harassment-free workplace. Pitre must also provide regular anti-discrimination training to its employees and managers, and report other discrimination complaints to the EEOC for the duration of the decree.

 

This settlement serves to remedy the egregious sexual harassment that the EEOC alleged the men were subjected to by Pitre. It also raises awareness that all employees, male and female, are entitled to work in an environment free of sexual harassment and retaliation.

 

I-9 Compliance for Remote Hires

Remote hiring occurs every day across the United States in all sorts of industries, including technology, sales, entertainment and health care. Regardless of whether your employee works at your corporate office or at a remote location 3,000 miles away, a simple truth remains: you must complete the Form I-9 process and verify the hire’s eligibility to work in the United States. This requires a physical, in-person examination of the employee’s documentation of eligibility.

 

The USCIS recently provided some more information on its I-9 Central website. If you make remote hires, there are a few important takeaways:

 

You Can Use an Authorized Representative. According to USCIS, employers may designate an authorized representative, including personnel officers, foremen, agents or notaries public, to fill out Forms I-9 on behalf of their company. The Department of Homeland Security does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes. If an authorized representative fills out a Form I-9 on behalf of the employer, the employer is still liable for any violations in connection with the form or the verification process.

 

Physical Examination of the Documents is Required. To complete the Form I-9 (Section 2), the employer or authorized representative must physically examine, with the employee being physically present, each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it. According to USCIS, viewing or examining documents via webcam is not permissible.

 

The Person Who Examines the Documents Must Complete and Sign Form I-9, Section 2. The Form I-9, Section 2 instructions and the Handbook for Employers clearly state that if someone else fills out Form I-9 on your behalf, he or she must carry out full Form I-9 responsibilities. However, you are still liable for any violations in connection with the form or the verification process. For example, it is not acceptable for a notary public to view employment authorization and identity documents, but leave Section 2 for you to complete. The person who views an employee’s employment authorization documents should also complete and sign Section 2 on your behalf.

Notary Public Acts As Authorized Representative. The USCIS notes that if the employer hires a notary public, the notary public is acting as an authorized representative of the employer, not as a notary. The notary public must perform the same required actions as an authorized representative. When acting as an authorized representative, the notary public should not provide a notary seal on Form I-9.

 

Form I-9 enforcement efforts are on the rise. Make certain to fully familiarize yourself with the entire I-9 process. It is always a good idea to do periodic I-9 audits of your files either in-house or through an outside consultant.

   

Factoids

• 49% of millennials are likely to discuss salary with coworkers while only 31% of boomers will
• 71% of employers have had to take disciplinary action against their employees for social media abuse. It was only 35%, 2 years ago.

The most common reasons were:

• 81% confidential information
• 71% non-business use
• 67% disparaging the company
• 64% harassment

   

Quote  of the Blog

“The man who does not read good books has no advantage over the man who can’t read them.”

~Mark Twain~