This & That" Tuesday: Applicant Discrimination, Criminal Convictions, Age Discrimination

March 31, 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

April 21, 2015

2015 Labor Law Update & Paid Sick Leave

Institute of Management Accountants, LA chapter

Information can be found on my website.

 

April 28, 2015

2015 Labor Law Update & Paid Sick Leave

Pomona Rotary Club

Information can be found on my website.

 

June 2, 2015

Understanding and Building a Disciplinary Process

Compliance Key

Webinar

Information can be found on my website.

 

June 4, 2015

East SGV CPA Group

2015 Labor Law Update

Information can be found on my website.

 

June 9, 2015

South Pasadena Rotary Club

The New Paid Sick Leave Act

Information can be found on my website.

 

Bed Bath & Beyond Fined for Hiring Bias

Bed Bath & Beyond (New York State) will pay $125,000 and modify its hiring practices after the state found the corporation discriminated against people with criminal records when hiring.

 

The Attorney General found Bed Bath & Beyond automatically disqualified job applicants with felony convictions without evaluating their criminal records individually, as required by state law. As part of the settlement, Bed Bath & Beyond will pay the fine and change its policies.

 

Under New York law (which is similar to CA law), employers are required to consider the circumstances around the convictions of potential employees, such as the severity of the criminal conviction, the age of the applicant at the time of conviction, how much time has passed since the crime was committed and signs of rehabilitation.

 

Of the $125,000 settlement reached with the state, $40,000 will be awarded as restitution to people who were unlawfully denied employment. Three organizations that provide job training and services to people with criminal records will each receive $15,000.

 

As part of the agreement, Bed Bath & Beyond will continue to share information with the state to prove continued compliance with state law.

 

Missouri Department of Public Safety Pays $1.14 Million for Age Discrimination

 A St. Louis Circuit Court jury has awarded $1.14 million to a man who said he was laid off from his job with the Missouri Department of Public Safety because of his age.

 

Timothy Barber, now 61, was let go from his job with the department’s Division of Alcohol & Tobacco Control after nearly 30 years there. At the time, Barber was the third-highest in seniority among 12 special agents employed at the division’s downtown facility, and fourth most senior in the state. He was told it was because of budgetary reasons. Two other more senior special agents were also let go.

 

The four youngest special agents in the office, who had less seniority, did not lose their jobs. Barber’s lawyers argued that went against 30 years of prior practice in which layoffs were made in reverse order of time served with the department.

 

A year later, some of those younger special agents also were dismissed, but then later called back to their jobs, the suit said. Barber was eventually offered his job back, but only under the condition that he releases the department from liability in his discrimination claim. He refused.

 

Barber’s supervisor testified that he laid off the more senior workers because eliminating their steeper salaries would save more jobs overall. But Barber’s lawyers said they were able to show that the savings weren’t that significant.

 

The jury awarded him $540,000 in actual damages and $600,000 in punitive damages.

 

Factoids

• California businesses spend $3.48 for every $100 of payroll issue on workers' comp expenses.
• California was the third-most expensive state in 2012.
• The $3.48 mark represents a 188 percent of the median cost of $1.85 for all 50 states.
• Separately, a new study projects that California workers comp office visit payments will increase 8 percent overall.

 

Quote of the Blog

“Fear is the lock, and laughter is the key to your heart.”

~Stephen Stills~