Berkshire Associates News and Updates

Leading Cement Company to Pay $400,000 to Settle EEOC Racial Harassment Lawsuit

Thu, 23 Feb 2012 22:10:56 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Class of Blacks Subjected to Noose Display and Racial Slurs, Federal Agency Charged

BIRMINGHAM, Ala.–A major cement and concrete products company will pay $400,000 and furnish other relief to settle a lawsuit for racial harassment filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.

The EEOC charged in its lawsuit a class of African American males at the company’s Montgomery-area facilities was subjected to a racially hostile work environment. The EEOC said a noose was displayed in the worksite, that derogatory racial language, including references to the Ku Klux Klan, was used by a direct supervisor and manager and that race-based name calling occurred. The company denies that racial harassment occurred at its worksites.

Racial discrimination and harassment violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit against the company after first attempting to reach a pre-litigation settlement through its conciliation process.

The consent decree settling the suit provides the company will pay a total of $400,000 in compensatory damages to be apportioned among the seven class members. Each party will bear its own litigation costs and attorneys’ fees. The two-year decree enjoins the company from engaging in further racial harassment or retaliation and requires that the company conduct EEO training. The company will be required to modify its policies to ensure racial harassment is prohibited and a system for investigation of complaints is in place. The company must also report certain complaints of harassment or retaliation to the EEOC for monitoring.

“Employees have a right to expect that harassment based on race will be kept out of the workplace,” said Delner Franklin-Thomas, district director for the EEOC Birmingham District. “This case involved not only racist language, but a noose, a threatening symbol of cruelty that has no place in any American workplace.”

EEOC Birmingham District Regional Attorney C. Emanuel Smith said, “We are pleased (the company) has taken these steps to address this very alarming situation and improve its work environment. We encourage all employers to help make workplace race discrimination a thing of the past.”

According to company information, it provides cement and concrete products to construction projects in industrial, commercial, residential and municipal projects.

In Fiscal Year 2011, the EEOC received 35,395 charges alleging race-based discrimination and 8776 of those alleged race-based harassment. Historically, race-based charges account for more than 35% of all charge filings nationwide.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on the agency’s web site at www.eeoc.gov.

With discrimination claims on the rise, now is the time to protect your company from potential liability with the latest training and updates. For more information, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

Texas County Settles EEOC Retaliation Discrimination Suit

Mon, 20 Feb 2012 22:30:40 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

County Denied a Salary Increase or New Position to Employee for Opposing Age Bias, Federal Agency Charged

CORPUS CHRISTI, Texas –A county in Texas will pay $20,000 and furnish other relief to settle an employment discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, (EEOC), the agency announced. The EEOC had charged the county government unlawfully retaliated against an employee for filing an age discrimination complaint.

According to the EEOC’s suit, the county repeatedly refused to give a salary increase to the employee and failed to consider her for another position because she had previously filed a complaint of age discrimination, which resulted in a civil suit against the county.

Retaliating against individuals who oppose what they believe to be discriminatory conduct on the basis of age (40 years of age or older) violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit in U.S. District Court for the Southern District of Texas after first attempting to reach a pre-litigation settlement through its conciliation process.

The two-year consent decree settling the suit, entered by Judge Janis Graham Jack, enjoins the county from engaging in any further conduct prohibited by the ADEA, and requires the county to pay $20,000 to the retaliation victim. In addition, the county must implement an effective policy against age discrimination and retaliation and post a notice that it will comply with all the provisions of the ADEA. The county must also provide training on age discrimination, including retaliation, to all its elected officials with authority to hire, promote, terminate and demote employees.

“We are pleased (the county) decided to fully comply with the ADEA and compensate the former employee upon whose behalf this action was brought,” said EEOC Supervisory Trial Attorney Judith G. Taylor of the EEOC’s San Antonio Field Office. “Through the negotiated settlement process, we were able to forge a solution that addressed the issues raised and to further protect the rights of older workers.”

EEOC Trial Attorney Patrick Connor said, “The EEOC is here to protect employees who assert their rights in the workplace, even if the employer is a governmental one acting through elected officials. This decree should benefit all employees in (the county) and serve as a warning to all small, public employers to stay informed on how to comply with federal laws.”

In July 2009, the EEOC held a public hearing on age discrimination and barriers to the employment of older workers. Additional information about the hearing can be found on the EEOC’s website at http://eeoc.gov/eeoc/meetings/7-15-09/index.cfm.

The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.

To learn more about employment discrimination laws, or how to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

Leading Contract Manufacturer to Pay $40,000 to Settle Disability Discrimination Suit

Thu, 16 Feb 2012 15:01:07 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Pine City Company Fired Employee for Taking Legally Prescribed Medication; Made Illegal Inquiries into Legal Medication Used by Other Employees

MINNEAPOLIS – A leading contract manufacturer will pay $40,000 to settle a disability discrimination suit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced. The EEOC’s consent decree resolving the case was approved by Judge Paul A. Magnuson of the U.S. District Court for the District of Minnesota.

In its lawsuit, filed in 2009, the EEOC charged the company fired long-time employee Dennis Anderson because he was taking a low-dosage, prescribed narcotic medication for back pain. The EEOC said such action was taken because the company perceived Anderson as being disabled solely because he was taking the medication, and failed to consider his ability to perform the job.

The EEOC also said the company required all employees to report whether they were taking any prescription or over-the-counter medication. The EEOC said this policy is a violation of the ADA because it is not related to the ability of employees to do their jobs, and is therefore unlawful because employees complying with the policy were likely to unwillingly disclose information about any disabilities or impairments they may have. Such alleged conduct violates the Americans With Disabilities Act (ADA), which protects employees and applicants from discrimination based on perceived disabilities.

EEOC Chicago District Director John Rowe, who managed the federal agency’s pre-suit investigation, said today’s approval of the consent decree by the District Court will brings a formal end to the litigation between the EEOC and the Pine City employer, but the resolution will require the company to submit to ongoing training, reporting and monitoring by the EEOC. In addition to paying $40,000 to Anderson, the company must also drop its intrusive and unlawful policy of requiring employees to report all prescription or over-the-counter medication to their supervisors.

“Requiring all employees to report their legal use of prescription drugs – and even over-the-counter medication – amounts to an unreasonable invasion of privacy, whether an employee is disabled or not,” said EEOC Chicago District Regional Attorney John Hendrickson. “The purpose of the ADA is to extinguish the prejudices and biases that prevent people from obtaining or maintaining employment. Compulsory but irrelevant inquiries, like the drug policy (the company) maintained, serve no legitimate employer purpose but provide fertile ground for the development of unfounded stereotypes and irrational assumptions about an employee’s ability.”

According to the company’s website, the company is a contract manufacturer providing sheet metal fabrication and powder coating services for a diverse range of industries including medical, computing, industrial, telecommunications, energy and electronics.

The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.

For more information on the ADA, or how to protect your company with the latest information and training, please contact Berkshire Associates Inc. at 800.882.8904 or email bai@berkshireassociates.com.

EEOC Unanimously Approves Final Rule Revising Federal Sector Complaint Processing Regulations

Mon, 13 Feb 2012 15:47:45 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) on Feb. 1 voted unanimously to approve changes to the regulations that govern the Federal EEOC process. With the bipartisan vote, the Commission submitted to the White House Office of Management and Budget (OMB) and all other Federal agencies its “Final Rule Revising its Federal Sector Complaint Processing Regulations”. This final rule is part of an ongoing review by the Commission of the federal sector EEO process in which the Commission is examining recommendations regarding the investigative function and other internal reviews of the Commission’s role in the EEO process.

The submission of the final rule to OMB and the other agencies represents another stage in the regulatory process. The inter-agency comment and coordination process with all agencies other than OMB ends on February 29, 2012. After OMB approval (usually 90 days after submission), the Commission will consider changes, if any, requested by OMB and the other agencies. Subsequently, the approved rule will be published in the Federal Register and on www.eeoc.gov. The final rule cannot be made public before that time.

The EEOC adjudicates discrimination complaints and monitors federal agency compliance with EEO laws and procedures. The Commission assesses the effect of agencies’ compliance with requirements to maintain continuing affirmative employment programs to promote EEO and to identify and eliminate barriers to equality of opportunity. The EEOC also provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. The Commission assures federal agency and department compliance with EEOC federal sector regulations, provides technical assistance to federal agencies concerning EEO complaint adjudication, monitors and evaluates federal agencies' affirmative employment programs, and develops and distributes federal sector educational materials and conducts training for stakeholders.

Unlike its responsibilities in the private sector, the Commission does not process complaints of discrimination for federal employees. In the federal sector, individuals file complaints with their own federal agencies and those agencies are required to conduct an appropriate investigation of the claims raised in the complaints. Complainants can then request a hearing before an EEOC administrative judge (AJ) or file an appeal with EEOC’s Office of Federal Operations.

The Commission first published the Notice of Proposed Rulemaking (NPRM) on Dec. 21, 2009 for a 60-day notice and comment period. The Commission carefully considered all of the 35 public comments it received and made several changes to the NPRM in response to the comments.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

To learn more about employment discrimination laws, or how to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

US Department of Labor's Women's Bureau Releases Guide to Help Women Prepare for, Find, and Succeed in 'Green' Jobs

Thu, 09 Feb 2012 21:12:25 GMT

Source: U.S. Department of Labor

Clean energy economy offers women untapped employment opportunities

WASHINGTON — The U.S. Department of Labor today announced the availability of "Why Green is Your Color: A Woman's Guide to a Sustainable Career," which is designed to help women find and keep higher paying jobs in the clean energy economy.

The online publication, available at http://www.dol.gov/wb/Green_Jobs_Guide, will help workers learn about a range of in-demand and emerging jobs, as well as job training opportunities and career development tools, in the clean energy economy. The guide also serves as a resource for workforce development professionals, training providers, educators, career counselors and women's advocacy organizations.

"Many occupations in the clean energy economy remain virtually untapped by women," said Sara Manzano-Díaz, director of the Women's Bureau. "This guide is an invaluable resource that workforce professionals can use to help women transition into higher paying jobs that serve as a pathway into the middle class. It is also a tool to help fight job segregation."

The guide is an outcome of nationwide roundtables at which leaders from the public and private sectors discussed opportunities for women in the clean energy economy. These conversations revealed that an overall lack of awareness and information about nontraditional jobs was a significant challenge to women hoping to succeed in this marketplace. Information about the roundtables is available at http://www.dol.gov/wb/media/green.htm.

Additional resources to help women succeed in nontraditional and emerging job sectors are available by contacting the Women's Bureau at 202-693-6710 or visiting its Web pages at http://www.dol.gov/wb.

The Women's Bureau, established by Congress in 1920, is the only federal agency designated to represent the needs of working women. Today, the bureau's goal is to empower all working women to achieve economic security by preparing them for higher paying jobs, ensuring fair compensation, promoting workplace flexibility and helping homeless women veterans reintegrate into the workforce.

Modesto Retailer Settles Disability Discrimination Suit

Thu, 09 Feb 2012 21:10:50 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

EEOC Obtains $50,000 for Worker Fired Due to Epilepsy

MODESTO, Calif. – A Modesto retailer has agreed to pay $50,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.

The EEOC’s lawsuit alleged the company illegally fired a stocker on the night shift who has epilepsy after he experienced mild seizures at work. Rather than requesting the worker to take a fitness exam or provide medical documentation of his ability to perform the job duties required of his position, the company relied on its own judgment – which is not consistent with the law – to determine the employee was a danger to himself and others, the EEOC said.

The Americans with Disabilities Act (ADA) prohibits disability discrimination and requires employers to make reasonable accommodations to employees with disabilities. After an investigation by EEOC Investigator Rosa Salazar and after first attempting to reach a pre-litigation settlement, the EEOC filed suit in U.S. District Court for the Northern District of California last September after first attempting to reach a pre-litigation settlement through its conciliation process. The company chose to work with the EEOC and settle the case before the owners sold the business in December 2011.

“It was a hard blow to lose my job because of my employer’s response to my epilepsy,” said the worker. “For 17 years, I have done similar work before as a stocker and cashier at a grocery store. Having mild seizures at work never stopped me from getting my job done successfully.” He added, “I hope my experience can help others learn to look beyond their fears about epilepsy, and instead focus on what a worker like me can actually do.”

EEOC San Francisco Regional Attorney William R. Tamayo said, “The Centers for Disease Control estimates that two million Americans have epilepsy. Given that each person is impacted by epilepsy to varying degrees and in different ways, it would be a huge mistake to assume that having seizures automatically disqualifies an employee from performing a job. It’s critical to use objective evidence to determine whether that particular worker can perform the duties of the specific position.”

EEOC San Francisco District Director Michael Baldonado added, “Disability discrimination is both illegal and bad business. Employers may lose out on talented and loyal employees if they rely upon myths and stereotypes about disabilities instead making an unbiased evaluation of each individual.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

To learn more about the latest employment discrimination updates, or to protect your company with anti-discrimination training, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

Company Pays $120,000 to Woman Fired Because of Prior Back Injury and Age

Tue, 07 Feb 2012 23:27:10 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

ALBUQUERQUE, N.M. – A leading safety solutions provider has agreed to settle a disability and age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for $120,000 and other relief, the agency announced.

The EEOC’s lawsuit charged the company hired Connie Brooks and then fired her a few days later after learning she had had a prior back injury. The EEOC alleged the company terminated Brooks because of her disability and/or the intersection of disability and age.

Disability discrimination violates Title I of the Americans with Disabilities Act (ADA). The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination based on age (over age 40). The EEOC filed suit in U.S. District Court for the District of New Mexico after first attempting to reach a pre-litigation voluntary settlement through its conciliation process.

In addition to monetary relief for Brooks, the consent decree settling the suit provides for other important relief, including an injunction prohibiting further discriminatory practices; institution of policies and procedures to address disability and age discrimination; training for employees, managers and human resource officials on disability and age discrimination; posting a notice advising employees of their rights under the ADA and ADEA; and a letter of reference for Brooks.

“We are pleased with this employer’s willingness to provide a prompt resolution to Ms. Brooks, as well as the company’s commitment to provide anti-discrimination training,” said Regional Attorney Mary Jo O’Neill of the EEOC’s Phoenix District Office, which has jurisdiction over Arizona, Colorado, Wyoming, New Mexico and Utah. “Employers must be extra vigilant to assure decision-makers are aware that employment decisions must not be based on myths, fears or stereotypes about a person’s age or disability.”

EEOC Deputy District Director Elizabeth Cadle added, “The EEOC is gratified to see this employer is now following the adage that ‘Prevention is the best cure’ – in this case, preventing future problems with discrimination through training and awareness.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Disability and age discrimination claims are on the rise. Protect your company with the latest information, training, and updates by contacting Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

EEOC Wins Jury Verdict for Retaliation Victims at Atlanta-Area Restaurant

Tue, 07 Feb 2012 23:25:13 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Waitress and Three Family Members Fired for Reporting Misconduct, Federal Agency Charged

ATLANTA – A federal jury has awarded $51,700 in back pay, compensatory and punitive damages to four family members who were fired for resisting sexual harassment at a Tucker, Ga., restaurant, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

According to the EEOC’s suit, Lauren Goldston, a waitress for the restaurant, engaged in protected activity when she opposed and complained about unwelcome sexual advances, remarks, and inappropriate touching by a male cook at the restaurant. Lauren Goldston’s mother, Sara, aunt, Francesca, and uncle, Max, also worked at the restaurant. They all reported the sexual harassment to the company’s owner on several occasions, the EEOC said, but nothing was done by the company to remedy the hostile work environment. Instead of ending the harassment, the EEOC charged, Sangria’s terminated all of the Goldstons in retaliation for reporting the misconduct.

The Atlanta jury of eight returned a unanimous verdict finding that the claimants were entitled to back pay in the amount of $4,000, as the Goldstons largely mitigated their back pay damages by finding other employment after they were fired. The jury also awarded compensatory damages in the amount of $22,000 and punitive damages in the amount of $15,700.

“This verdict is significant because it indicates to employers that, regardless of their size, they must afford their employees the statutorily protected right to oppose unlawful discrimination without the fear of retaliation,” said Bernice Williams Kimbrough, district director for the Atlanta District Office.

Robert Dawkins, regional attorney for the EEOC in Atlanta, added, “Suing a small employer is a difficult proposition. However, the EEOC pursued this case to prevent similar acts of retaliation from recurring. In this case, the jury did a fabulous job. Their verdict was fair, thoughtful and well reasoned as they attempted to balance compensating the Goldstons on one hand while ensuring the economic viability of the restaurant going forward.”

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available

For more information on the laws prohibiting employment discrimination, or the latest anti-discrimination training, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

OFCCP Provides Last Minute Extension of Section 503 Comments

Tue, 07 Feb 2012 17:22:17 GMT

Office of Federal Contract Compliance Programs (OFCCP) has issued a last minute extension for comments on the proposed Section 503 regulations. Comments are now due on February 21, 2012. The sudden extension of the comment period may have been the result of a letter from the House of Representatives Education & the Workforce Committee that questioned the legal authority of the OFCCP to impose the requirements described in its most recent NPRM.

Berkshire Associates’ experts are ready to submit comments and will use this additional time to refine our analysis of the proposed OFCCP regulations—which will increase burdens on federal contractors significantly. Berkshire’s overview of the proposed rule is available here.

For more information, please contact a Berkshire compliance specialist at 800.882.8904 or email bai@berkshireassociates.com.

California Fire Department Settles EEOC Harassment and Retaliation Case for Nearly $500,000

Wed, 01 Feb 2012 18:30:17 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Firefighter Tormented by Sexual and Religious Harassment and Disciplined in Retaliation for Participating in Another Firefighter’s Discrimination Proceeding

LOS ANGELES — A Los Angeles Fire Department will pay $494,150 and implement widespread anti-harassment training to settle federal charges of discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

Anthony Almeida, a firefighter/engineer employed since 1986, filed an EEOC discrimination charge initially in 2007, alleging he was continually harassed by fellow firefighters at his station who employed deeply offensive comments of a sexual and religious nature. An EEOC investigation uncovered the harassment, which began in late 2006, appeared linked to a lawsuit filed against the Catholic Church by Almeida regarding sexual abuse he suffered by a priest. One coworker learned Almeida had filed a lawsuit against the Catholic Church over the abuse, and several coworkers mocked him for that, using explicit and offensive religious and sexual epithets. Although Almeida complained about the harassment to management officials, the EEOC investigation found the Fire Department failed to adequately halt or address it. Further, the investigation found Almeida had suffered retaliatory discipline for his participation in another equal employment opportunity investigation.

Harassment of a sexual or religious nature, along with retaliation, violates Title VII of the Civil Rights Act of 1964. Following a determination by the EEOC that there was reasonable cause to believe a violation of law occurred, the Los Angeles City Fire Department entered into a three-year conciliation agreement with the EEOC and Almeida, who was represented by private counsel. The agreement effectively settles the case administratively, thereby avoiding litigation. Aside from the monetary relief, the Fire Department agreed to provide widespread live anti-harassment training to all fire station chiefs and their subordinate staff, impacting every fire station in the city of Los Angeles. The Fire Department also agreed to continue to enforce its policies against discrimination, harassment and retaliation; to offer an external equal employment opportunity complaint procedure; to post a notice on the matter; to report future instances of harassment to the EEOC; and, to publicize the settlement via press release.

“We are pleased that the (Fire Department) is demonstrating its commitment toward creating a workplace free of harassment and retaliation,” said Olophius Perry, district director for the EEOC’s Los Angeles District Office. “By working with the EEOC this way, the Department is sending a message that no further civil rights abuses will be tolerated -- a key responsibility of all employers.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

To learn more about employment discrimination laws, or how to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

Labor Secretary Hilda L. Solis Announces Proposed Rulemaking to Implement Statutory Amendments to Family and Medical Leave Act

Mon, 30 Jan 2012 21:05:11 GMT

Source: U.S. Department of Labor

Rule would expand military family leave provisions, incorporate special eligibility provision for airline flight crew employees

WASHINGTON — Secretary of Labor Hilda L. Solis today announced the U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees.

The FMLA, enacted in 1993, entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.

"Keeping the basic promise of America alive means ensuring that workers, from our servicemen and servicewomen who keep us safe at home to the flight crews who keep us safe in the skies, have the resources, support and opportunities they need and have rightfully earned," said Secretary Solis. "The proposed revisions announced today are an important step toward keeping that promise."

The proposed language would extend the entitlement of military caregiver leave to family members of veterans for up to five years after leaving the military. At this time, the law only covers family members of "currently serving" service members. Additionally, the proposal expands the military family leave provisions of the FMLA by extending qualifying exigency leave to employees whose family members serve in the regular armed forces. Currently, the law only covers families of National Guard members and reservists.

For airline flight crew employees, the proposed revision makes the benefits of the FMLA more accessible. It would add a special hours of service eligibility requirement for them and specific provisions for calculating the amount of FMLA leave used that better take into account the unique — and often difficult to track — hours worked by crew members.

Today's proposed revisions were announced by Secretary Solis in separate events with first lady Michelle Obama and International President of the Association of Flight Attendants Veda Shook.

For additional information on the FMLA, including information and fact sheets on the proposed revisions, visit http://www.dol.gov/whd/fmla/.

Read the Secretary's remarks

View the video of Secretary Solis, First Lady Michelle Obama, and Ryanne Noss discussing the proposed rulemaking

Electric Power Suppliers Sued by EEOC for Religious Discrimination

Mon, 30 Jan 2012 20:48:23 GMT

Electric Power Suppliers Sued by EEOC for Religious Discrimination

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Power Supplier Fired Jehovah’s Witness for Wanting One Day Off to Attend Religious Convention, Federal Agency Charges

FAYETTEVILLE, Ark. – An electric power supplier, located in Fayetteville, Ark., violated federal law by firing an employee because of her religious practices, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to the EEOC’s suit filed in U.S. District Court for the Western District of Arkansas, Fayetteville Division, Julia Solis, a call center customer service representative and a Jehovah’s Witnesses, requested one day off to attend a religious convention. The company denied the request and finally fired Solis for this, the agency said.

Such conduct violates Title VII of the Civil Rights Act of 1964, which protects employees against discrimination based on religion and requires employers to provide employees with reasonable accommodations to allow them to practice their sincerely held religious beliefs. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

The EEOC has asked the court to grant a permanent injunction enjoining the company from engaging in any further employment practice that discriminates against employees because of their religious beliefs and requiring the company to reasonably accommodate the religious beliefs of employees. The EEOC has also asked the court to order the company to provide relief to Solis, compensatory and punitive damages and any other relief the court deems necessary and proper.

“This employee’s request was so modest and minor it is astounding the company not only refused it, but also fired her,” said Katharine W. Kores, district director of the EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi. “Employees should never be forced to choose between their religion and their job.”

The company is a not-for-profit corporation that supplies electric power to its members in Northwest Arkansas and Northeast Oklahoma. According to its website, it serves more than 62,000 homes, farms, businesses and industries in parts of Benton, Crawford, Franklin, Madison and Washington counties in Arkansas, and Adair, Cherokee, Delaware and Sequoyah counties in Oklahoma.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

To learn about the latest employment discrimination laws or training to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

Private Sector Bias Charges Hit All-Time High

Thu, 26 Jan 2012 17:29:39 GMT

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Pending Inventory Reduced for First Time in 10 Years, Record Amount of Relief Obtained in FY 2011, EEOC Reports

WASHINGTON—The U.S. Equal Employment Opportunity Commission (EEOC) received a record 99,947 charges of employment discrimination and obtained $455.6 million in relief through its administrative program and litigation in Fiscal Year 2011, the agency announced today. For the second year in a row, despite a record number of receipts, the Commission resolved more charges than it took in with 112,499 resolutions (7,500 more resolutions than FY 2010—an increase of 7%)—leaving 78,136 pending charges, a ten percent decrease in its inventory, the first year the agency has seen a reduction since 2002.

The FY 2011 data also show:

Due to EEOC’s enforcement programs in both the private and federal sectors, 5.4 million individuals benefitted from changes in employment policies or practices in their workplace during the past fiscal year.

Through its combined enforcement, mediation and litigation programs, the EEOC was able to obtain a record $455.6 million in relief for private sector, state, and local employees and applicants, a more than $51 million increase from the past fiscal year and continuing the upward trend of the past three fiscal years.

The mediation program reached record levels, both in the number of resolutions – 9,831 – which is 5% more than in FY 2010 (9,362), and benefits -- $170,053,021-- $28 million more than FY 2010.

The Commission filed 300 lawsuits and its litigation efforts resulted in $91 million of relief, representing the third year in a row that the relief obtained was greater than in the preceding year. Continuing to build on its commitment to systemic litigation, 23 of the lawsuits filed involved systemic allegations involving large numbers of people and an additional 67 had multiple victims (less than 20).

The Commission also filed 261 “merits” (merits suits include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the Commission and suits to enforce administrative settlements) lawsuits.

EEOC’s public outreach and education programs reached approximately 540,000 persons.

In the federal sector, where the EEOC has different enforcement obligations, the Commission resolved a total of 7,672 requests for hearings, securing more than $58 million in relief for parties who requested hearings. It also resolved 4,510 appeals from final agency determinations.

“For the second year in a row, the EEOC received a record number of new charges of discrimination,” said EEOC Chair Jacqueline Berrien. “Nevertheless, the hard work of our employees, combined with increased investments in training, technology and staffing in 2009 and 2010, and strategic management of existing resources made 2011 a year of extraordinary achievements for the EEOC.”

The total number of charges received was up slightly from last fiscal year’s record total. Once again, charges alleging retaliation under all the statutes the EEOC enforces were the most numerous at 37,334 charges received, or 37.4 percent of all charges, closely followed by charges involving claims of race discrimination at 35,395 charges or 35.4 percent. While the numbers of charges with race and sex discrimination allegations declined from the previous year, charges with the two other most frequently-cited allegations increased:

Disability discrimination--25,742

Age discrimination—23,465

The agency’s enforcement of Americans with Disabilities Act (ADA) produced the highest increase in monetary relief among all of the statutes: the administrative relief obtained for disability discrimination charges increased by almost 35.9 percent to $103.4 million compared to $76.1 million in the previous fiscal year. Back impairments were the most frequently cited impairment under the ADA, followed by other orthopedic impairments, depression, anxiety disorder and diabetes.

For the first full fiscal year of enforcement, the EEOC received 245 charges under the Genetic Information Nondiscrimination Act, which prohibits discrimination on the basis of genetic information, including family medical history. So far, none of these charges has proceeded to litigation.

The EEOC is responsible for enforcing Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act.

The fiscal year 2011 enforcement and litigation statistics, which include trend data, are available on the EEOC’s website at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm. More information about the EEOC is available on its website at www.eeoc.gov.

To learn more about employment discrimination laws, or how to protect your company from potential liability with the latest training and updates, please contact Berkshire Associates Inc. at 800.882.8904 or email bai@berkshireassociates.com.