FEBRUARY 2010By Jennifer Kradenpoth
EEOC - EEOC settles $55,000 lawsuit for blind applicant denied hire A debt collection agency in Everett, Washington agreed to pay $55,000 as settlement for a lawsuit that charged the company refused to hire an otherwise-qualified woman because she is blind. The woman's online application for a recovery specialist position at Sentry Credit warranted an in-person interview, according to the EEOC suit. Upon meeting the woman and realizing she was blind, the manager allegedly dismissed her on the grounds that it "just won't work." Despite her attempts to help the manager understand she had done years of related work experience with assistive technology, she was again dismissed. This conduct is in violation of the Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for employees and potential employees with disabilities. As part of the settlement, Sentry Credit must post a notice regarding compliance with the ADA, provide disability discrimination training to its employees, and report any related complaints that occur for the following three years. SOURCE: Press Release. "Sentry Credit Settles EEOC Disability Bias Suit." January 6, 2010. http://eeoc.gov Disabilities - Job bias claims for disability, religion rise to new heights The EEOC released a report detailing the latest data on workplace discrimination charges for the fiscal year 2009. In addition to garnering over $376 million in monetary compensation, the second-highest number of total charges was filed. The total number of charges decreased slightly from 95,402 to 93,277, a two percent decline since the all-time record set in 2008. Of these charges, those alleging disability, religion, and national origin bias achieved record numbers. Disability bias claims reached over 21,000, a nine percent increase since 2008. National origin bias claims rose by about five percent, from 10,601 to 11,134. Religion bias claims rose less than one percent, from 3,273 in 2008 to 3,386. Charges filed most frequently, however, were those alleging race, retaliation, and sex-based discrimination. Possible reasons for the dramatic up tick in charges may be economic climate, better access to EEOC services, increased employee diversity, and an increase in employees' awareness of their rights. SOURCE: Press Release. "Job Bias Charges Approach Record High in Fiscal Year 2009," January 6, 2010. http://eeoc.gov Education - Business schools reconsider multicultural approach The Graduate School of Business at Stanford, the Rotman School and other business educators are embracing more multicultural, diverse-thinking curriculums in response to global demands and the economic climate. Though traditionally focused on analytical curriculum such as finance and marketing, more and more business schools are starting to incorporate liberal arts learning in order to develop stronger leaders, a deeper understanding of multiple perspectives, and critical thinking. Design thinking, one of the multidisciplinary approaches which combines critical thinking and innovation, has become popular among students and employers. The educational shift may positively affect future economic climates, as well. In addition to balancing critical thought with moral weight, the new teaching approaches also work against biases that may negatively influence business decisions. SOURCE: Wallace, Lane. "Multicultural Theory: At B-School?" January 9, 2010. www.nytimes.com Discrimination - KPA executive sues for possible age discrimination A 58 year old vice president at Klockner Pentaplast of America (KPA) sued under the Age Discrimination in Employment Act (ADEA) after being terminated by the CEO of the company. The employee alleged that the CEO fired him after making comments about the need for younger persons on the job. The executive had been working at KPA for 17 years when the company changed hands in 2001. The new CEO and the executive disagreed on a number of issues, including strategies and salary. The CEO alleges the executive's disparaging remarks and dishonesty were what prompted him to terminate him in 2005 and replace him with a 45 year old. The executive in turn sued for violation of the ADEA, believing that the CEO's reasons for termination were a cover for age discrimination. The judge initially dismissed the case and ruled in favor of KPA, but the executive appealed. Judges in the appeals court noted that despite instances of clashing at work, the CEO had given the executive bonuses, had publicly praised him two weeks prior to his firing, and had made references in group and private meetings about needing more "energetic" persons in the workplace. As a result of the conflicting evidence and alleged comments regarding a need for younger company members, judges sent the case back to district court for another try. SOURCE: Press Release. "Fired for Insubordination or Age Bias?" January 21, 2010. http://hr.blr.com Sexual Orientation - Miami HRC passes measure to protect LGBT persons The City Commission of Miami Beach has passed new Human Rights legislation, including a renamed Human Relations ordinance, the creation of a Human Rights Commission, and language specifically protecting transgender citizens. Miami-Dade County already has anti-discrimination laws in place protecting sexual orientation, but the new law takes a stronger stance for gay and transgender people. Persons found guilty of discrimination can pay up to $15,000 in fines under the new law. The legislation follows concerns over the protection of same-sex domestic partnerships in Miami Beach in the wake of Amendment 2. The referendum, passed in 2008, excluded same-sex marriage. Gay rights organizations such as SAVE Dade and the LGBT branch of the Florida ACLU hope the new move will spur change among state legislators and in the state's own civil rights statute. Funding and evidence of change are two potential obstacles in influencing statewide reform. The city also faces the task of spreading awareness about the new legislation and the complaint-filing process. SOURCES: Smiley, David. "Commission passes new Human Rights law." January 21, 2010. www.miamiherald.com Census - 2010 Census tests new race, origin categories The U.S. Census Bureau will test 15 new changes in the categories regarding race and Hispanic origin this year. For each change, 30,000 households will fill out a slightly modified questionnaire. Experts will then conduct follow-up interviews and examine the data to determine how the new changes might affect information supplied in the Census. Modifications will include the combination of Hispanic origin and race into one question and the deletion of the word "Negro" from the race option. Over 50,000 people were still writing in "Negro" for their race in the 2000 Census. More diverse race options have been added in recent years, including an option to choose more than one box for race, introduced in 2000. Other changes being tested in the 2010 Census are the option of choosing more than one box for the Hispanic origin section and allowing respondents to write in a more specific background after checking a race box. Despite few respondents checking more than one box for race in past surveys, Census officials are still hoping to better determine how people identify themselves. Additionally, the Census will try to identify new groups from which to gather accurate information in the future. SOURCE: Kiviat, Barbara. "Should the Census Be Asking People if They Are Negro?" January 23, 2010. www.time.com - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Feedback: Give us your feedback! What other news would you like to hear about? Want to get News and Trends and our web site updates e-mailed to you monthly for free? Sign up on our new e-mail updates page!
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