"This & That" Tuesday: Disability Discrimination, NLRB, Back Pay

 

May 12, 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

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.

 

June 23, 2015 Irwindale Chamber, The New Paid Sick Leave Act Information can be found on my website.

 

Christian Care Center Pays $90,000 to Settle Disability Discrimination Suit

Christian Care Center of Johnson City, Inc., a Johnson City-based nursing home facility, will pay $90,000 and furnish other relief to settle a disability discrimination lawsuit filed by the EEOC.

 

In its lawsuit, the EEOC charged that Christian Care Center violated federal law by firing an employee because the individual suffers from human immunodeficiency virus (HIV). The EEOC's suit contended that the employee worked for Christian Care Center as a licensed practical nurse for more than a month. When the nursing home learned that the employee was HIV positive, the employee was immediately discharged. Disability discrimination, including firing an employee because of HIV, violates the Americans with Disabilities Act (ADA).

 

In addition to $90,000 in monetary relief, the two-year consent decree settling the lawsuit prohibits Christian Care Center from discriminating against employees on the basis of a disability in the future. The decree requires the center to provide training on employee rights under the ADA, maintain records of discrimination complaints and provide a report to the EEOC. The decree also requires Christian Care Center to post an ADA notice to all employees that provides the EEOC's contact information.

 

Fort Worth Flight Simulator Employees Receive $105,000 in Back Pay

Three employees of LB&B Associates, Inc., Dae Sung LLC, and FTSS Joint Venture, who provide flight simulator services at the Naval Air Station Joint Reserve Base in Fort Worth, TX, will receive $105,000 in back pay pursuant to a NLRB settlement.

 

The NLRB’s Region 16 office in Ft. Worth agreed with the Fort Worth Simulator Employees Union that the Employer violated the National Labor Relations Act when, among other things, it unilaterally and discriminatorily eliminated a job position and created new job positions at significantly reduced wage rates thereby causing three employees to resign and a fourth to work in a new position for less pay.

 

Because of the serious nature of these alleged violations, the NLRB filed for temporary injunctive relief seeking restoration of all contractual terms and reinstatement of the three employees in order to protect the statutory rights of the employees, reverse the erosion of employee support for the Union caused by the Employer's unlawful acts and safeguard the integrity of the collective bargaining process.

 

Shortly thereafter, the parties settled the matter whereby the Employer agreed to restore the terms of the collective-bargaining agreement, to return the one employee to her former job position at the higher wage rate, and to pay the three who waived reinstatement back pay totaling $105,000. The Employer also agreed to post a notice in its workplace and to read the notice to its employees to ensure that they understood their rights under the Act.

 

Factoids

• More than 40% of all Americans with Disabilities Act (ADA) lawsuits in the country occur in California.

 

Industries with the most fatalities

• Construction 796
• Transportation 687
• Agriculture, Forestry 479
• Professional & Business services 408
• Manufacturing 308

 

Quote of the Blog

“Leadership is the art of getting someone else to do something you want done because he wants to do it.” ~Dwight D. Eisenhower~