February 5, 2010

HR Fact Friday: Business Ethics Improved During Recession

Filed under: General HR Buzz — Tags: , , , — Paul @ 8:45 am

Finally some good workplace news to come out of the recession.

In the January issue of HR Magazine it was reported that a devastated U.S. economy did not translate into an increase in unethical behavior at U.S. companies, according to a study from the Ethics Resource Center (ERC). Although the ERC’s 2009 National Business Ethics Survey report found that retaliation against employees who reported misconduct has increased slightly since a similar survey two years earlier, most other measures of ethical behavior improved. According to the report:

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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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October 14, 2009

Independent Contractor or Employee? How Do You Know and What Does It Matter?

Filed under: General HR Buzz — Tags: , , — Jane @ 1:53 pm

Independent Contractor Classification Issues Coming Under Greater Scrutiny

The independent contractor “issue” has become more visible in the last year, Congressional hearings have been held in which legislators have been urged to take action to address the issue of misclassification of employees as independent contractors.  Several states have also taken action to apply pressure to companies to revisit classifications.  It’s a subject that will likely see even more attention in the future.   Legislators have apparently heard enough complaints that some companies unfairly avoid their obligations by using contractors or that there simply is no justifiable reason to treat contractors so differently.

Independent Contractors:  A Money Saver and a Great Employer Solution?

The use of independent contractors has increased significantly in the last few years as employers seek to reduce costs and keep their workforces flexible. Whether a worker is an employee or a self-employed independent contractor imposes very different obligations on an employer.  Independent contractors are not on the payroll and do not enjoy many of the legal protections and benefits given employees. They also typically don’t count toward minimum thresholds required to determine whether employers are covered by certain federal employment laws. Generally, employers are not required to:

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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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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 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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February 18, 2009

Retaliation Claims Strike Again

Filed under: Employment Law — Tags: , , , — Jane @ 1:27 pm

We’re most familiar with discrimination cases and they do get most of the headlines. Retaliation issues and claims remain more obscure.  That’s a big mistake.  Retaliation claims are growing and are typically attached to discrimination allegations. They frequently arise when an employee or applicant claims that an organization took “adverse action” against him because he filed a discrimination complaint, acted as a witness, assisted in a discrimination investigation, or opposed unlawful practices.

On January 26, 2009 the plot thickened. The U.S. Supreme Court, in Crawford v. Metropolitan Government of Nashville, clarified, complicated and expanded the scope of retaliation issues.  The Court held that an employee, who answers questions and conveys information about discriminatory conduct during an internal investigation, is engaging in “protected activity” under Title VII.  Surprisingly, to me at least, some lower courts had found that such involvement would not constitute “active” opposition under Title VII.

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January 28, 2009

Avoiding Retaliation Nightmares Just Got Tougher

Filed under: Legal Issues — Tags: , , , , , — Jane @ 1:23 pm

Discrimination cases get the big headlines.  Often they include juicy tidbits involving sexual harassment or extremely boorish behavior by a Cro-Magnon boss.  It’s true that employment law cases involving discriminatory actions can be costly, time consuming, demoralizing, and embarrassing to an organization.  But don’t forget about the retaliation minefield.  The number of retaliation claims are growing and they’re often included with discrimination claims.     

The January 26, 2009 U.S. Supreme Court decision in Crawford v. Metropolitan Government of Nashville has made things a little more interesting.  Well, maybe not “interesting” but certainly more complicated and potentially risky for employers.  The Court “clarified” and expanded the scope of Title VII retaliation protections.   The Court held that an employee, who answers questions and conveys information about discriminatory conduct during an internal investigation, is engaging in “protected activity” under Title VII.  Surprisingly, to me at least, some lower courts had found that such involvement would not constitute “active” opposition under Title VII. 

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