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.

 

September 27, "Discovering Business in the New Economy" hosted by AltaPacific Bank and Montgomery Niemeyer & Co.

 

GGNSC Charlotte Renaissance Will Pay $50,000 to Settle Disability Discrimination

GGNSC Charlotte Renaissance, LLC, a Delaware corporation, will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by the EEOC. This company operates Golden LivingCenter-Dartmouth, a nursing home in Charlotte that provides care to persons who are mentally and physically disabled, ill and/or elderly.

 

According to the EEOC's suit, around April 25, 2009, Sandra Bagwell, who worked as a licensed practical nurse at the facility, was denied a medical leave of absence that she needed because of her disability, depression. The EEOC said that Bagwell had a major depressive episode which led to her being admitted to a local hospital and that on the same day, Bagwell's husband notified her supervisor that she needed to take a leave of absence. The agency further alleged that Bagwell had previously informed her supervisor that she suffered from depression. The center refused to approve Bagwell's request for a medical leave of absence as an accommodation for her disability and instead, fired her effective April 28, 2009.

 

Such alleged conduct violates the Americans with Disabilities Act (ADA). In addition to the $50,000 in damages, the two-year consent decree settling the suit requires that Golden LivingCenter-Dartmouth re-distribute and maintain its formal, written anti-discrimination policy. The policy includes, among other things, information on ADA requirements and the company's procedure for requesting leave based on an impairment or disability. The company must also provide annual training to its managers and department heads on the ADA and the ADA's prohibition against disability discrimination in the workplace. Golden LivingCenter Dartmouth must also post an employee notice concerning the lawsuit and concerning employees' rights under federal anti-discrimination laws, as well as provide periodic reports to the EEOC identifying individuals who request leave as an accommodation and the outcome of each individual's request.

 

Sutter Transfer to Pay $30K to Settle EEOC Race Harassment Lawsuit

Yuba City, CA-based Sutter Transfer Service, Inc., a trucking company, and Fiveway, LLC, an earthmoving farming company, have agreed to pay $30,000 to an African-American driver and his white co-worker to settle a federal racial harassment lawsuit filed by the EEOC.

 

According to the EEOC, Lonnie Winstead was targeted by his dispatcher with racially offensive comments and epithets such as "gorilla," "porch monkey," and the N-word.  Other truck drivers witnessed the racial harassment, and one white co-worker even complained to management, but the employers failed to take immediate and effective action and the harassment continued, said the agency.

 

"People who work expect to be treated with respect," Winstead said.  "I was the only black truck driver working there but not the only one offended when our dispatcher was allowed to give out racist comments right along with work assignments.  No one should put up with discrimination!  I'm glad I exercised my rights and reported this to the EEOC."

 

Racial harassment is prohibited by Title VII of the Civil Rights Act of 1964.  After an investigation by EEOC, they filed suit. During litigation, Fiveway, LLC, was named as another defendant.

 

Under the consent decree resolving this lawsuit, Sutter Transfer Service and Fiveway will pay Winstead and the complaining white driver a total of $30,000; provide annual anti-harassment training for all employees; revise equal employment opportunity and anti-harassment policies and complaint procedures; post a notice regarding the lawsuit; and report any complaints of harassment or discrimination to the EEOC for two years.

 

The EEOC District Director added, "We hope this resolution sends a clear message:  Employers that receive notice of racial harassment should take prompt and effective measures to investigate, stop any unlawful conduct, and discipline those found responsible."

 

Safelite Glass Settles Sexual Harassment and Retaliation Case for $50,000

Safelite Glass Co., the nation's leading provider of auto glass repair and replacement services, will pay $50,000 and furnish other relief to settle a federal lawsuit for sexual harassment and retaliation.

 

The EEOC's lawsuit against Safelite charged that Lee Laraviere-Steele, who worked as a human resources assistant at Safelite's facility in Enfield, N.C., was subjected to unwelcome sexual comments and touching by the facility's human resources manager.  The lawsuit further alleged that when Laraviere-Steele complained about the sexual harassment in March 2008, the company failed to take action to stop the harassment, but rather retaliated against Laraviere-Steele by firing her.  

 

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace and retaliation for complaining about sexual harassment or other types of employment discrimination. 

 

In addition to paying Lee Laraviere-Steele monetary damages, the consent decree settling the suit requires Safelite to provide annual training on sex discrimination and retaliation, post a notice concerning employees' rights under Title VII, and provide periodic reports to the EEOC concerning how the company responded to complaints that it received, if any, concerning inappropriate sexual conduct in the workplace.  Safelite must also provide periodic reports to the EEOC concerning how it responded to any complaints it received about any other type of discrimination covered by Title VII.

 

"Once an employee complains about sexual harassment by a supervisor in the workplace, the employer is required under federal law to take appropriate action to stop it," said the EEOC.  "Also, employers must ensure that employees are protected from retaliation after complaints are made." 

 

Factoids

Top 5 workforce challenges for EAPs (ConPsych Corp.)

• Work-related stress
• Balancing family responsibilities
• Financial pressures
• Weight management
• Depression

 

Top 5 sources of top candidates:

• Referrals
• Internal transfers
• Direct sourcing
• Social networks
• Corporate Career site

 

Happiness

• 1972 1/3 of Americans said very happy
• Since 2004 American optimists dropped from 79% to 50%
• 30% of us will suffer from an anxiety disorder
• In 2012, US ranks 23 in a 50 country happiness index trailing Malaysia, Tanzania, and Vietnam

 

Quotes

“If the customer expects a paper on the driveway, put it on the front porch.”

Kathy Ireland