By Mark I. Schickman

Imagine a horrible accusation made against one of your managers — maybe harassment, maybe violence, maybe theft, maybe drugs. This is an outspoken employee who has sued you before — and won — and with whom you have to be careful. But under heavy pressure from top executives, you immediately fire the manager, loudly explaining that this behavior won’t be tolerated.

Then you find out that you got the facts wrong and acted too hastily. The CEO calls the fired manager to apologize and offer reinstatement and a promotion. She sits on the job offer for a week, deciding whether to sue or bargain for more.

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By Sam R. Fulkerson

According to the Equal Employment Opportunity Commission (EEOC), 93,277 workplace discrimination charges were filed nationwide during 2009 ― the second-highest level ever ― and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, and national origin hit record highs. The number of charges alleging age-based discrimination reached the second-highest level ever.

Continuing a decade-long trend, the most frequently filed charges with the EEOC in 2009 were those alleging retaliation (36%) and discrimination based on race (36%) and sex (30%). “The latest data tell us that, as the first decade of the 21st century comes to a close, the Commission’s work is far from finished,” said EEOC Acting Chairman Stuart J. Ishimaru. He added, “Employers must step up their efforts to foster discrimination-free and inclusive workplaces, or risk enforcement and litigation by the EEOC.”

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Latino employees at an Arizona community college were understandably offended when a professor broadly distributed e-mail messages exalting the “superiority of Western Civilization” and deriding the contributions of nonwhite immigrants and Native Americans. But did the professor’s messages create a racially hostile work environment? The Ninth U.S. Circuit Court of Appeals (which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) recently answered that question in the negative. The professor had constitutional free-speech rights with which the college couldn’t interfere.

Professor’s Views Offend

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According to the U.S. Census Bureau, the first observance of Labor Day is believed to have been a parade of 10,000 workers on September 5, 1882, in New York City, organized by Peter J. McGuire, a Carpenters and Joiners Union secretary. By 1893, more than half the states were observing a “Labor Day” on one day or another, and Congress passed a bill to establish a federal holiday in 1894.

President Grover Cleveland signed the bill soon afterward, designating the first Monday in September as Labor Day. Here are some statistics about America’s workforce from the U.S. Census Bureau: read more…

The Department of Labor (DOL) has a tool available on its website for employers that want to make sure their policies and practices don’t discriminate against qualified individuals with disabilities. The online Disability Nondiscrimination Law Advisor, available at www.dol.gov/elaws/odep.htm, helps employers determine which federal disability nondiscrimination laws apply to their business, including:

• Title I of the Americans with Disabilities Act of 1990 (ADA);

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Arizona’s new immigration law, Senate Bill (SB) 1070, authorizes state and local law enforcement officials to inquire into the immigration status of any person “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.” The law regulates aliens directly, not by means of the employer-employee relationship. Nevertheless, many people believe that the new law is preventing employers from hiring Hispanic workers for fear of workplace disruption.

The Problem

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President Barack Obama recently issued a memo directing federal agencies to extend benefits to the same-sex domestic partners of federal employees to the extent permitted by current law. The memo begins:

For far too long, many of our Government’s hard-working, dedicated LGBT employees have been denied equal access to the basic rights and benefits their colleagues enjoy. This kind of systemic inequality undermines the health, well-being, and security not just of our Federal workforce, but also of their families and communities.

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Administaff, Inc., a nationwide company that provides full-service HR services to small and medium-size businesses, has agreed to pay $115,000 and furnish substantial remedial relief to settle a religious harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in Baltimore.

According to the EEOC’s suit, Texas-based Administaff and Conn-x, LLC, a Florida-based cable service provider, violated federal law by engaging in religious discrimination against two employees at Conn-x’s Edgewood office. The agency alleged that two Conn-x employees, who are brothers, were called “dirty Jew[s],” “dumb Jew[s],”and other anti-Semitic slurs by managers and coworkers.

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You should encourage and manage diversity in your workplace — not because it’s politically correct (and the right thing to do), but because it helps you improve and maintain your competitive advantage. Today’s fast-paced business world and ever-changing technology have taken employers beyond traditional boundaries, sometimes forcing you to adjust to differences in culture quickly. For example, an international buyer who saw your web page may want to propose a contract for your company’s product or services. Here are some reasons you should consider developing a diversity program.

Encourage Diversity

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It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues. Questions continue to arise about the often competing rights of allergic employees and coworkers who wish to be able to eat what they want and use whatever hygiene and personal products they choose. Read on for the most recent information on this conflict for employers.

Are ‘Scent’ Allergies Protected Under the Law?

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