January 22, 2010

HR Fact Friday: Job Bias Claims Based on Religion & Disability Rise

The number of workers claiming job discrimintion based on disability, religion, or national origin surged to new highs last year, as federal job bias complaints overall stayed at near record levels.

The Equal Employment Opportunity Commission (EEOC) said Wednesday that charges of disability discrimination rose by about 10% to 21,451 claims, the largest increase of any category.

The increase coincided with changes to the Americans with Disabilities Act (ADA) last year that made it easier for people with epilepsy, diabetes and other treatable conditions to claim they are disabled.

Overall, the EEOC received more than 93,000 discrimination claims during the 2009 fiscal year, a 2% decrease from the record set in 2008, but still the second highest level in the commission’s history.

As in previous years, claims based on race, sex and retaliation were the most frequent.

Since the ADA was enacted in 1990, a series of Supreme Court rulings have generally exempted from its protections those with partial physical disabilites or impairments that can be treated with medication or devices such as hearing aids.

Legislation signed into law by President George W. Bush before he left office directs courts to apply the definition of disability more generously.

Charges of discrimination based on national origin rose by about 5% to 11,134 claims, while religious discrimination claims rose less than 1% to 3,386 claims.  Allegations of race discrimination remained the most frequently filed complaint, accounting for about 36% of all filings last year.

The EEOC said the near-historic level of complaints overall may be due to a number of factors, including economic conditions, increased diversity and demographic shifts in the work force. Employees also may be more aware of their rights and could be taking advantage of changes at the EEOC to make it easier to file a discrimination charge.

The EEOC enforces federal laws prohibiting employment discrimination.

Source: Yahoo Finance, Equal opportunity Commission (http://www.eeoc.gov)

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December 4, 2009

HR Fact Friday: Women Hold Half of U.S. Jobs

Filed under: General HR Buzz — Tags: , , , , — Paul @ 3:35 pm

For the first time in history, half of all U.S. workers are women, and mothers are the primary breadwinners or co-breadwinners in two-thirds of U.S. families, according to a report released Oct. 16, 2009 by the Center for American Progress (CAP) and California first lady Maria Shriver.

The report, The Shriver Report: A Woman’s Nation Changes Everything, was co-authored by, among others, Judith Rodin, president of the Rockefeller Foundation; Heather Boushey, CAP senior economist; Ann O’Leary, CAP senior fellow; and John Halpin, CAP senior fellow.

Pointing out that in 1967 women made up only one third of all U.S. workers, the report said women’s changing roles affect the country’s major societal institutions. The report concluded that today’s families need more flexible work schedules, comprehensive child care policies, redesigned family and medical leave, and equal pay for women.

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September 14, 2009

The Lady in Red. A Different Kind of Color Discrimination?

Filed under: General HR Buzz — Tags: , — Jane @ 2:00 pm

According to USA Today, union representatives for Delta flight attendants have complained that the airline only offers their red dress uniform up to size 18.   Those requiring a larger size (up to size 28) are limited to the navy dress.

Has color discrimination taken on a whole new meaning?  Apparently there are also complaints over the reported fact that flight attendants who wear orthopedic shoes (whatever that means) are required to wear pants rather than a dress or skirt.

Additionally, those desiring to wear those comfortable orthopedic shoes must also get a doctor’s note.

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August 10, 2009

Age Discrimination Case Makes Things Easier For Employers

Filed under: Legal Issues — Tags: , , — Jane @ 2:00 pm

In the recently decided case U.S. Gross v. FBL Financial Services, Inc., the U.S. Supreme Court ruled that a plaintiff bringing an age discrimination case must prove that but for his age, the adverse job action at issue would not have happened.   Consequently, it’s no longer enough for a plaintiff to show that age discrimination was just a “motivating factor” or there was a “mixed motive.”  The decision makes it much easier for employers to win age bias cases as they are only liable for discriminatory conduct that actually causes an adverse action.

However, employers may not benefit from this ruling for long.  Congress is already talking about reversing it through legislation.

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June 8, 2009

Overtime Violations at the EEOC

Filed under: Employment Law — Tags: , , — Jane @ 1:53 pm

According to the Washington Post, an arbitrator has found that the Equal Employment Opportunity Commission, the agency tasked with enforcing federal discrimination laws, has been found to have violated federal overtime law.   The case arose out of a grievance filed by the EEOC employees’ union.   In his findings, the arbitrator found nationwide and knowing violations of the Fair Labor Standard Act.  Apparently employees were encouraged (pressured) to work long hours without overtime pay, although there was a practice of offering comp time…which didn’t meet FLSA requirements.   The EEOC, which is handling increasing numbers of discrimination claims and lost 25% of its staff through cuts during the Bush administration, is reviewing the situation.  This case is just one more reminder that nearly every organization, unless it regularly reviews overtime practices, policies, and exempt/nonexempt issues risks FLSA violations.

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May 29, 2009

HR Fact Friday: EEOC Shows Spike in Discrimination Charges

Filed under: Employment Law — Tags: , , , , — Paul @ 1:47 pm

The number of age discrimination claims rose from 19,103 in 2007 to 24,582 in 2008, while retaliation claims rose from 26,663 to 32,690, just hundreds shy of overtaking the perennial number 1 type of charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) – race discrimination, which rose to 33,937 charges. The figure for age discrimination charges is particularly striking, given that only 16,548 age discrimination charges were filed in fiscal 2006.

Source: HR Magazine, HR Briefs May, 2009

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March 25, 2009

Women Comprise 92% of a RIF and Yet No Discrimination?

Filed under: Employment Law — Tags: , , — Jane @ 3:08 pm

The U.S. Sixth Circuit Court of Appeals has found that terminated female plaintiffs, who claimed discrimination drove decisions in a reduction in force, failed to provide supporting evidence to make their case.  The pro-employer decision came despite the fact that females comprised 53% of the workforce but 92% of those terminated.  Why you ask?

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March 13, 2009

HR Fact Friday: EEOC Reports Job Bias Hits Record High

Filed under: Employment Law — Tags: — Paul @ 6:00 am

The U.S. Equal Employment Opportunity Commission (EEOC) today announced that workplace discrimination charge filings with the federal agency nationwide soared to an unprecedented level of 95,402 during Fiscal Year (FY) 2008, which ended Sept. 30. This level is a 15 percent increase from the previous fiscal year. The FY 2008 enforcement and litigation statistics, which include trend data, are available online at http://www.eeoc.gov/stats/enforcement.html

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March 10, 2009

A New OFCCP Record for Recovery of $$$ From Affirmative Action Contractors

Filed under: Affirmative Action — Tags: , , , , — Jane @ 1:40 pm

In 2008 the Office of Federal Contract and Compliance recovered a record $67 million dollars from Affirmative Action contractors who had allegedly discriminated against employees and applicants based upon minority or gender status.  This is a 133% increase over what was recovered in 2001 and was up from $51 million in 2007.  Nearly 25,000 individuals shared in the back pay and other damages collected.  The damages, bad publicity, and increased federal activity in this area should prompt those contractors and subcontractors required to develop Affirmative Action plans to do so.

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March 3, 2009

Athletic Club to Pay $161K to Settle Harassment Suit

Filed under: Harrasment — Tags: , , , — Jane @ 8:05 am

A Maryland athletic club has agreed to pay $161,000 to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.

In the lawsuit, the EEOC alleged that Big Vanilla Athletic Club violated federal law by sexually harassing several female employees at the company’s locations in Pasadena and Arnold , Maryland . The agency said that the women were subjected to repeated and unwanted sexually offensive remarks and sexual advances. Further, the EEOC charged that three women were fired in retaliation for their complaints.

In addition to paying $161,000, the company agreed to train current and future managers on anti-discrimination laws and to post notices stating its commitment to maintaining an environment free of sexual harassment and retaliation.

In fiscal year 2007, retaliation charges surged 18 percent to a record high level of 26,663, making retaliation the second-highest charge category (behind race) for the first time ever. Additionally, sexual harassment filings increased for the first time since fiscal year 2000, numbering 12,510, a 4 percent increase from the prior fiscal year.

Source: HR.BLR.com

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