"This & That" Tuesday: Equal Pay Retaliation, 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

June 23, 2015

Irwindale Chamber of Commerce

New Paid Sick Leave Act

Information can be found on my website.

July 15, 2015

West Inland Empire Employer Advisory Council

Coaching to Improve Performance

Information can be found on my website.

July 22 2015

Industry Manufacturers Council

HR4U 101 Full-day Workshop

Information can be found on my website.

September 15, 2015

Irwindale Chamber of Commerce

Hiring Talent for Consistent Performance

Information can be found on my website.

Winebrenner Transfer Pays $42,000 to Settle Pay Retaliation Lawsuit

Winebrenner Transfer, Inc., a Hagerstown, Md.-based commercial trucking company, will pay $42,000 and furnish significant equitable relief to resolve a lawsuit for retaliation filed by the EEOC. 

The EEOC charged that Tina Thompson, a truck driver, believed she was paid less than male drivers based on discussions she had with her male co-workers about differences in compensation.  Thompson complained several times about perceived pay discrimination.  The company's owner fired Thompson one day after she sent him a text message saying she believed she was paid less than male co-workers for the same work because she was female, the EEOC said. Such alleged conduct violates the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. 

The $42,000 monetary relief represents full back pay in the amount of $21,000 and liquidated damages of $21,000.  In addition to the monetary relief, Winebrenner Transfer is enjoined from engaging in future retaliation in violation of the Equal Pay Act or Title VII.  The trucking company will implement and disseminate an anti-discrimination policy and complaint procedure to all employees and applicants.  Winebrenner Transfer's owner and vice president will take an anti-discrimination training course.  Winebrenner Transfer will also post a remedial notice regarding the settlement.

Firefighter Who Feared Burning Buildings Not Disabled Under ADA, Texas Bias Law

The Texas Supreme Court overturned a $362,000 disability discrimination judgment for a Houston fire captain who was removed from firefighting duties because his fear of entering burning buildings made him a danger to himself and others.  

The verdict couldn't stand because no jury could reasonably have found that his fear of entering burning buildings constituted a disability under the Americans with Disabilities Act or the Texas Labor Code, the state's top court held.

A job skill required for a specific job is not a disability if most people lack that skill,” the court wrote. It said being reluctant “to charge into a burning building is not a mental impairment at all; it is the normal human response,” which firefighters are required to overcome.

The city didn't argue the plaintiff’s fear of entering burning buildings meant he was unable to perform the essential functions of his position. Instead, the city argued that the plaintiff didn't show he was disabled for purposes of federal or state law.

Agreeing, Texas's highest court found that an individual lacking the “mental, physical, or experiential skill set” required to perform a job isn't necessarily disabled. It cited as an example professional basketball players. The capacity to play professional basketball is a skill. The rest of us do not suffer from a disability because we cannot play at that level.

The trial evidence indicated that the plaintiff was removed from the fire suppression crew because the city had received information that the plaintiff “had frozen” in the line of duty at two fires, endangering himself and others, not because he was regarded as disabled.

Factoids

• Employers paid an average of $2751 in medical expenses for the typical insured employee but paid an average of $113,379 for “high cost” employees.
• 7.2% of employees have their wages garnished.
• Testing positive for drugs has risen to 3.7% in 2013 (up from 3.5%)

Hardest jobs to fill in 2014:

• Skilled trades
• Restaurant and hotel staff
• Sales reps
• Teachers
• Drivers

Quote of the Blog

“Things do not happen. Things are made to happen.”

~John F. Kennedy~