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 Date: 9/6/2010



News You Can Use - March 09


It will NEVER happen to me! 

 

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!


The EEOC announcement may be found at http://www.eeoc.gov/press/3-11-09.html

 

 

Increased enforcement of labor law

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.

    

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