"This & That" Tuesday: Sex Harassment, & Age, Race, Disability Discrimination

September 16, 2014

 

 

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.

 

Upcoming Events

September 22, Mt. Sac (Walnut), How to Build a Salary Structure & Merit Pay System, Click here for more information.

 

September 29, Mt. Sac (Walnut), Cal-OSHA & IIPP Basics, Click here for more information.

 

October 6, Mt. Sac (Walnut), Coaching to Improve Performance, Click here for more information.

 

October 13, Mt. Sac (Walnut), How to Create and Conduct a Formal Discipline Discussion, Click here for more information.

 

October 20, Mt. Sac (Walnut), Cal-OSHA & IIPP Basics, Click here for more information.

County to pay $1 million to 3 detectives in sex-harassment case

King County, Washington has agreed to pay $1 million to three veteran detectives in the sheriff’s office Special Assault Unit who alleged they were victims of rampant acts of sexual harassment and verbal abuse over many years.

 

The detectives alleged in a lawsuit filed in January they were subjected to a litany of boorish conduct, inappropriate remarks and belittling behavior from two sergeants.

 

A settlement in the case was reached Wednesday night, according to the attorneys for the women. The women, who have worked for the King County Sheriff’s Office (KCSO) for decades, will split the payment evenly.

 

“Our clients are veteran, tough detectives, who investigate the worst kinds of cases: the sexual abuse of children and women,” Kays said in a statement Wednesday night. “This lawsuit was always about shining the light of truth on the culture of the KCSO that makes it OK to sexually harass and degrade women in the workplace,” she added. “For years their complaints were ignored or dismissed. It took filing a lawsuit to get the attention of the KCSO leadership.”

 

The lawsuit, filed in Pierce County Superior Court, was accompanied by sworn declarations of six current and former King County sheriff’s employees.

 

They described a difficult work environment where two sergeants in the Special Assault Unit routinely made lewd personal comments to and about the detectives and treated them more harshly than their male counterparts.

 

The suit alleged one of the detectives routinely boasted about his sexual prowess and the size of his penis, and at one point strapped a fake phallus to his ankle in the office so it protruded from the bottom of his trousers. It also alleged the sergeants would routinely ridicule two of the three detectives over the sizes of their breasts and buttocks. The suit further alleged the sergeants mocked the statements of sexual-assault victims.

 

“The harassment that our clients faced was breathtaking in its nature,” marked by crude remarks about women, overt sexualization of women in the workplace and “disgustingly, the offending sergeants made these remarks about sexual-assault victims as well.” “Usually employment-discrimination and hostile-work-environment cases involve lost wages, but here the settlement is solely for the obvious emotional trauma our clients endured after years of harassment,” the statement said.

 

In addition to the payment, the women demanded and received an agreement that the Sheriff’s Office will be required to provide annual training on sexual harassment.

 

McDonald's Restaurants of California, Inc. Settles Religious Discrimination Lawsuit

McDonald's Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious discrimination lawsuit by the EEOC.  The EEOC had charged that a restaurant formerly owned by McDonald's in Fresno refused a request from a Muslim employee, a crew trainer, to grow a beard for religious reasons which lead to his constructive discharge in September 2005.  

 

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which requires that employers make reasonable accommodations to the sincerely held religious beliefs of employees and applicants as long as this causes no harm to the business.  Aside from the monetary relief for the crew trainer, the two-year consent decree settling the suit provides that McDonald's will reinforce training of its managers and staff and redistribute its existing policies related to religious discrimination and accommodation.   

 

"We commend McDonald's for its commitment to training and ensuring that its staff and managers are well-versed on laws relating to religious discrimination," said regional attorney for the EEOC.  "We hope other employers follow McDonald's lead in promoting training and development of extensive anti-discrimination policies." 

 

Regions Bank to Pay $95,000 to Settle Age and Disability Discrimination Lawsuit

Regions Financial Corporation of Memphis, doing business as Regions Bank, will pay $95,000 and provide injunctive relief to settle a disability discrimination lawsuit filed by the EEOC.  The EEOC had charged that Regions failed to provide a reasonable accommodation for a former employee's disability and discharged her because of her age.

 

According to the EEOC's lawsuit, Regions refused a branch manager's request for reasonable accommodation – a demotion to a less stressful and demanding position because of a physical disability.  Subsequently, the EEOC said, Regions began treating the 61-year old manager less favorably than younger managers and fired her because of her age.  The EEOC stated the branch manager had worked for Regions Bank's predecessor for more than 30 years and had worked for Regions Bank since 2005. 

 

Denial of a reasonable accommodation to an otherwise qualified disabled individual violates Title I of the Americans with Disabilities Act (ADA) of 1990, and discriminating on the basis of age violates the Age Discrimination in Employment Act (ADEA) of 1967. 

 

In the two-year consent decree agreed upon by the parties and approved by the court, Regions Bank will pay the former manager $95,000 in monetary damages; provide age and disability discrimination training for senior management and human resource officials in western Tennessee; report complaints of discrimination that it receives to the EEOC; and post a notice to employees at its main Memphis branch and corporate office about the lawsuit that includes the EEOC's contact information.

 

Factoids

• Employers plan to spend $594 per employee on wellness incentives, a 14% increase from 2013 ($521)
• The average percentage of full time employees that were eligible for health benefits from 2010 to 2014 was 90% but only 68% participated in them
• 50% of employees with a best friend at work feel a strong connection to their company
• 35% of them say they are committed to work quality
• People are 10% more productive when they work alongside a friend

 

Sick day access by race/ethnicity

• 66% Asian
• 64% White
• 62% Black
• 47% Hispanic

 

Quotes

"Coming together is a beginning; keeping together is progress; working together is success.”

~Henry Ford~