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.

Torqued-Up Energy Services Pays $150,000 to Settle EEOC Race Harassment / Retaliation Suit

Torqued-Up Energy Services, Inc., a Tyler, Texas-based petroleum and gas industry equipment provider, will pay $150,000 and furnish other relief to settle a racial harassment and retaliation suit by the EEOC.

 

According to the EEOC's suit, an African-American employee of Torqued-Up assigned to a field crew in South Texas experienced racial harassment in the form of racial slurs and epithets from two employees who supervised him on the job.  According to the EEOC, the employee, who had 30 years of experience in the oil industry, reported the racial harassment to Torqued-Up's management, but instead of putting a stop to it, the company unlawfully retaliated against him. 

 

The punishment included removing the man from his crew and assigning him to perform menial tasks such as washing trucks and sweeping, rather than the oil field work that he had been hired to perform, and reducing his work hours, thereby reducing his income.

 

The EEOC also accused Torqued-Up's management of retaliating against this employee by interfering in subsequent job opportunities after his employment with Torqued-Up ended.  Torqued-Up management discouraged at least one other employer from continuing to employ the man, the EEOC said.

 

According to the EEOC; “Every employee has the right to a workplace free from harassment. No one should be subjected to racial slurs and derogatory comments, and no company should tolerate such behavior in its workplace.  In this situation, an employee with 30 years of experience in the oil industry was subjected to reprehensible and demeaning treatment because of his race.  We are pleased that the parties could reach an amicable resolution of this matter that will adequately compensate the harassment victim for what he experienced.”

 

The two-year consent decree resolving this case requires Torqued-Up to implement an anti-discrimination policy that prohibits discrimination against employees on the basis of race and/or retaliation in violation of Title VII; post a notice regarding its commitment to protect employees from harassment; provide training to all of its employees; and pay $150,000 to the victim.

 

Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination

The United States Court of Appeals for the Fifth Circuit  overturned a lower court and held unanimously that firing a woman because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act of 1978).  Congress passed the Pregnancy Discrimination Act to protect working women against discrimination on the basis of pregnancy, childbirth or a related medical condition. 

 

The appeal arose from a lawsuit filed by the EEOC on behalf of an employee who claimed that she was fired after giving birth once she inquired as to whether she would be able to pump breast milk when she returned to her job.  The EEOC sued, alleging that the employer, Houston Funding II, LLC, engaged in sex discrimination.

 

In examining and overturning the lower court's ruling, the Fifth Circuit addressed the question "whether discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII.  The appeals court found that "it does."

 

The Fifth Circuit noted the biological fact that lactation is a physiological condition distinct to women who have undergone a pregnancy.  Accordingly, under Title VII and the Pregnancy Discrimination Act, firing a woman because she is lactating or expressing milk is unlawful sex discrimination, since men as a matter of biology could not be fired for such a reason.  

 

Factoids

Onboarding

• According to PwC, around 25% of new hires leave within their first year of employment and turnover costs about 1.5 times the employee’s annual salary.
• Companies with best-in-class onboarding report a 91% retention rate, compared to a 30% retention rate worst-in class onboarding

Formal Onboarding programs

• 1 day or less      24.2%
• 1 week               24.2%
• 1 month               9.9%
• 1-3 months       25.3%
• 3-12 months     15.4%

 

Quotes

“Forgiveness is not an occasional act; it is a permanent attitude.”

~Martin Luther King~