June 1, 2010

More Men Making Harassment Claims

Filed under: Employment Law — Tags: , — Jane @ 11:57 am

An increasing number of men are making sexual harassment claims.  According to the Equal Employment Opportunity Commission (EEOC), 16.4% of 2009 complaints were filed by men.

That’s up from 15.4% in 2006.  Groping, unwanted advances, vulgar talk, and sexually charged horseplay by other men have significantly contributed to the increase.

Most observers believe that the number of male harassment cases is seriously underreported, given the embarrassment men often feel about making sexual harassment claims.

Utah had the largest percentage of claims filed by men (32.2%), followed by West Virginia (27.3%), Michigan (26.6%) and Wyoming (24%).

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April 26, 2010

$1 Million Restaurant Beef

Filed under: Employment Law — Tags: — Jane @ 1:55 pm

The Equal Employment Opportunity Commission (EEOC) recently announced that it had settled a $1 million class action discrimination suit against Lawry’s Restaurants, a steakhouse chain.  Male employees had claimed gender discrimination, contending that for years the restaurant had only hired women for server positions. The EEOC had contended that since 1938 Lawry’s had not hired men for server positions.  Lawry’s responded that the female servers have been a long standing tradition and that they dressed in costumes from the 30’s and 40’s, creating a distinctive image. Lawry’s settled, agreeing to pay $300,000 for a hiring campaign, $500,000 to individuals in the class, and $200,000 for discrimination training.  The company also began hiring males as servers soon after the initial charges were filed.

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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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January 8, 2010

HR Fact Friday: Workplace Bias Claims 2nd Highest Ever in 2009

Filed under: Employment Law — Tags: , , , — Paul @ 8:52 am

The Equal Employment Opportunity Commission (EEOC) received 93,277 workplace discrimination claims in 2009, down 2.2% compared with the previous year, the agency said Wednesday, January 6.

The number of claims filed in 2009 was the second highest after 2008, the EEOC said, and monetary relief obtained for victims totaled more than $376 million, slightly lower than 2008’s $376.6 million.

“The latest data tell us that as the first decade of the 21st century comes to a close, the commission’s work is far from finished,” said Stuart J. Ishimaru, acting EEOC chairman, in a statement. “Employers must step up their efforts to foster discrimination-free and inclusive workplaces or risk enforcement and litigation by the EEOC.”

The number of charges alleging age-based discrimination in 2009 reached 22,772, the second highest ever after 2008. In 2009, monetary benefits awarded to victims from those charges reached $72 million, compared with nearly $83 million in 2008.

The most frequently filed discrimination allegations in 2009 were based on race (36%), retaliation (36%), and gender (30%), which the EEOC said followed recent trends. Some claims included two or more types of discrimination.

For information on 2009 enforcement and litigation statistics from the EEOC, visit www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.

Source: Business Insurance, a sister publication of  Workforce Management.

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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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May 27, 2009

Swine Flu Guidance from the EEOC

Filed under: ADA & Disability — Tags: , , , — Jane @ 11:19 am

The EEOC has issued guidance to help employers ensure that they remain ADA-compliant while addressing workplace needs in preparing for the 2009 H1N1 flu virus (swine flu) or a similar health situation.  It includes guidance on such issues as what types of disability-related questions are permitted, what type of medical examinations  are legal, and what kinds of reasonable accommodations could be required should a pandemic flu situation arise. The EEOC guidance is available at:  http://www.eeoc.gov/facts/h1n1_flu.html.

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April 1, 2009

Who is Watching the Watchers? Overtime Violations at the EEOC.

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 legal requirements.   The EEOC, which is handling increasing numbers of discrimination claims and lost 25% of its staff via cuts during the Bush administration, is reviewing the situation.

Read more at:     http://www.washingtonpost.com/wp-dyn/content/article/2009/03/30/AR2009033002901_pf.html

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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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