$5M Punitive Verdict in Religious Discrimination Suit

Posted on May 7, 2012 by MGrabell

In my training sessions on religious discrimination I always remind managers to be most careful with those employees who convert religions during their employment. Here is a case in point:

Last week, a jury in Missouri awarded $5M in punitive damages to a woman who accused AT&T of discrimination for firing her after she converted to Islam and began wearing a hijab to work. She claimed that after she converted she was subjected to verbal harassment from co-workers and supervisors.

Managers MUST be properly trained to deal with issues of discrimination and retaliation AS THEY OCCUR.  AT&T plans to appeal….but don’t you think they would have liked to avoid the entire situation altogether with proper action BEFORE the initial complaint?

Contact me to learn how ERS can customize affordable training seminars that meet your specific needs and train your staff on how best to avoid an employee claim.

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EEOC Issues Guidance on Criminal Background Checks

Posted on May 1, 2012 by MGrabell

The EEOC last week issued a “reminder” guidance to employers that if criminal backgrounds of potential workers are screened, you must prove that the use of the acquired information is job related in order to avoid a possible discrimination lawsuit.

For purposes of clarification, criminal record information obtained during background checks cannot be used to screen potential or current employees under Title VII unless a conviction is related to the field of work in which the candidate is seeking employment.

According to a National Consumer Law Center report, 93% of employers run criminal background checks for some job candidates and 73% of employers conduct criminal checks on all potential new hires.

Some advice….Review your employment application policies and identify the essential functions of each job to determine how criminal history may or may not relate to it.

Contact me to learn how ERS can customize affordable training seminars that meet your specific needs and train your staff on how best to avoid an employee claim.

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Transgender Protection Under Title VII

Posted on April 25, 2012 by MGrabell

The EEOC released a landmark decision on Monday which expands Title VII protection to transgender employees. The case involved a transgender woman who was denied a job by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Agency found that discrimination against a transgender individual is, by definition, discrimination based on sex in violation of Title VII.

This decision makes clear that the EEOC will likely be looking to interpret ANY actions by private employers that could discriminate in the employment context against a transgender person as a violation of federal law. The case is entitled Macy v. Holder.

The decision also makes clear that when you next schedule a training session for managers, make sure the material is updated and relevant to current law. A plaintiff’s attorney loves when managers testify that they did not know that the law changed or were not trained in the changes!

Contact me to learn how ERS can customize affordable training seminars that meet your specific needs and train your staff on how best to avoid an employee claim.

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Forced Resignation and Unemployment Benefits

Posted on April 15, 2012 by MGrabell

A New Jersey appeals court ruled last week that a Crossmark Inc. employee who was forced to resign did not leave his job voluntarily and, therefore, qualified for unemployment benefits.

The employee was required to use his own car to travel from store to store. However, his car broke down and he was unable to pay for the repairs.  When he called his supervisor to advise he was not sure when he would have a car again, the supervisor told him he had to resign.

According to the court, “The undisputed facts show that the decision that [employee] ‘had to resign’ was Crossmark’s alone, and therefore, there was nothing ‘voluntary’ about his separation of employment.”  As such, he was entitled to receive unemployment benefits. The court noted that even if the employer’s action was fully justified from a business standpoint, i.e., they needed someone to do the job, the fact remained that the separation was employer rather than employee initiated.

Contact me to learn how ERS can customize affordable training seminars that meet your specific needs and train your staff on how best to avoid an employee claim.

The UNIQUE perspective of ERS will reduce your risk of an employee claim.

Posted in Hiring/Firing, Law | Leave a comment

Requesting Access to Employee Social Media Sites

Posted on March 30, 2012 by MGrabell

Several lawmakers have drafted legislation to ban the practice by employers of asking current and prospective employees for access to their social media accounts claiming it is an unlawful invasion of privacy. It also violates Facebook’s terms of use and, as I regularly tell audiences, can potentially expose the employer to unanticipated legal liability depending on the protected characteristic information contained on the sites.

The best advice? Accessing a current or prospective employee’s social media site by a decision maker is a bad idea. It might have limited applications in instances when an employer is alerted to a potential issue, but beyond that, the dangers and risks far outweigh any potential benefits.

Contact me to learn how ERS can customize affordable training seminars that meet your specific needs and train your staff on how best to avoid an employee claim.

Posted in Law, Social Media, Training | Leave a comment