These
are words and thoughts that too many business professionals learn to
regret.There are no "off the record"
comments today.
A Chicago dentist just paid
$462,500 to settle a sexual harassment and retaliation claim.The dentist was charged with making sexual
overtures and comments to his employees.The settlement also bars the dentist from future sexual or religious
discrimination and requires him to adopt and distribute a policy against sexual
harassment, religious discrimination and harassment, and retaliation; provide
employee training; report periodically to the EEOC; and post a notice in his
office concerning the outcome of the lawsuit.
Here's
the scary thing, this dentist probably didn't think he was really doing
anything wrong.A word to the wise –
clean up your language and actions.I've
never heard a sexually oriented comment worth anywhere near $462,500.
If
you haven't provided all your supervisory personnel, at minimum, with
anti-harassment/non-discrimination training this year, get it scheduled right
now!Call us if you need assistance in
this most important process.
Job-Bias
Claims Soar to Record High in 2008
Employment
discrimination claims went up 15 percent to a record high in the fiscal year that
ended September 30 and will probably surge again this year, according
to the EEOC.
The
largest increases in employee claims occurred in age discrimination and
retaliation for complaints. Age discrimination claims rose 29 percent to
24,582, and retaliation claims increased 23 percent to 32,690, according to
EEOC data released in March. Overall employee claims with the EEOC jumped to
95,402, the most since the agency opened its doors in 1965. Retaliation claims
were second in number only to those alleging race discrimination.
The
large increase in age discrimination claims reflects both the aging of the
workforce and the correlation between employees' age and pay. Older, more
experienced employees usually earn more, and higher salaries are a big factor that
managers consider when hiring.
Many
employees who may be real victims of discrimination may not file claims out of
fear of being fired. Managers sometimes react badly when claims are filed,
which explains the rising number of retaliation complaints.
Protect
your company by reviewing your hiring practices, and make sure your management
staff is aware of EEOC regulations!
Here are a few examples of changes in
enforcement of labor laws and new provisions that you should be aware of in the
new administration. Prepare now and audit your practices!
Funding of $110
million to continue expansion of the E-Verify program.
Projected DOL
discretionary funding increases of $12.7 billion for 2009, and $13.3 billion
for 2010.
Increased
funding for the Occupational Safety and Health Administration (OSHA), "enabling
it to vigorously enforce workplace safety laws and whistleblower protections,
and ensure the safety and health of American workers."
Increased
enforcement resources of the Wage and Hour Division "to ensure that workers are
paid the wages that are due them."
Increased
funding for the Office of Federal Contract Compliance Programs.
The
establishment of automatic workplace pensions. Under this plan, a system of
automatic workplace pensions would operate alongside Social Security.
Employees would be automatically enrolled in workplace pension plans.
Employers that do not currently offer a retirement plan would be required to
enroll their employees in a direct-deposit IRA account that is compatible with
exiting direct-deposit payroll systems. Employees would be given the ability to
opt out of this program.
The provision of
$145 million to the Justice Department’s Civil Rights Division to strengthen
civil rights enforcement against racial, ethnic, sexual preference, religious
and gender discrimination.