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Fired for Being HIV Positive

Jon Allison

According to a lawsuit filed earlier this month in the United States District Court for the Western District of Kentucky, Zoo Printing terminated two of its employees from its Louisville facility for being HIV-positive in violation of the Americans with Disabilities Act. According to the suit, one plaintiff, who had been employed for approximately one month as a boxer, and who was able to perform all of the essential functions of his job, was terminated shortly after requesting a shift change so that he could make an appointment for HIV treatment. A second plaintiff, who worked in human resources, was terminated two weeks after submitting insurance paperwork which showed that he was undergoing HIV treatment. The second plaintiff had also recently complained that he was concerned that Zoo Printing was discriminating against individuals with disabilities following the termination of the first plaintiff.

Subway Restaurants is accused of having done the same thing at its location in Sheridan, Indiana. An HIV positive employee told his manager in confidence of his diagnosis. That manager passed the news up to her boss and, shortly after the disclosure, the employee was told that he was going to be let go because he was a liability to the company despite the fact that he was a good worker and capable of performing all of the essential functions of his job. A lawsuit challenging that termination is now pending in the United States District Court for the Southern District of Indiana.

We’ll see how these two cases play out in court.

Zoo Printing (Louisville Printing Firm) and Subway Restaurants


By The Numbers

Jon Allison

Jon Allison’s Monday Blog
A number of technology companies have released their Equal Employment Opportunity reports (EEO-1 reports) for 2014 and what they show is that there remains a diversity issue.  Twitter, Microsoft and Google employ zero African-American women in executive and management level positions.  Facebook, Intel and Amazon employ one African-American female each in such positions.  Executive and management level positions are held by white men 65% of the time, white females 14% of the time, Asian males 13% of the time, Asian females 3% of the time, Hispanic males 2% of the time, Hispanic females and African-American males 1% of the time, and African-American females less than 1% of the time.   The statistics for all employees aren’t much better for many companies.  Twitter, for example, employs 0% African-American females and 1% African-American males and Hispanic males and females.  It employs 25% Asian males and 8% Asian females.  The Tech industry is aware of the issue and there are efforts being made to diversify.  Find more details by following this link.


With respect to the wage gap between men and women in the U.S., the state you live in makes a significant difference.  Louisiana currently has the largest gap where women are earning 65 cents for every dollar earned by men.  In Utah it’s 67 cents and in Wyoming 69 cents.  The District of Columbia has the lowest pay gap at 10% followed by New York at 13% and Maryland at 15%.  There are some congressional districts within the states with the lowest pay gap that have closed the gap entirely.  Overall, still a lot of work to do here as well.  See the state rankings here.


Painfully Shaven

Jon Allison

Jon Allison’s Monday Blog

The Atlanta Police Department has a policy that requires all officers to be clean shaven.  Some on the force say they should be allowed an accommodation because of a condition called Folliculitis which results in painful bumps that can get puss filled and bleed.  One officer has been off work without pay for months for not complying with the policy.  He is not allowed to return to work, including to a desk job, unless he shaves.  He questions why the Police Department won’t accommodate someone with a medical condition, particularly when a doctor has advised that he not shave.  A beard does not impact his ability to do his job.  Furthermore, he believes interacting with the public with a clean-cut beard is preferable to doing so with a bumpy, puss filled and/or bloody face.  The officer has retained an attorney and is seeking to return to work.  Follow this link for more on this story.

Sexual Harassment Against Both Females And Males Results In Large Settlement

VXI Global Solutions, which provides call center services for large companies, agreed to pay $600,000, hire an equal employment opportunity consultant, and provide training to employees among other terms, to resolve a lawsuit filed in 2014 alleging widespread sexual harassment and retaliation against both female and male employees.  According to the lawsuit, both female and male employees were subject to sexual harassment by at least 13 supervisors.  The females were
subjected to touching and groping, propositions for sex and sexual comments by male supervisors.  Male employees were likewise subjected to groping, lap dances and propositions for sex.  This went on for over 5 years.  Complaints about the harassment were ignored.  A number of those who complained were eventually terminated.  That prompted the filing of the lawsuit. Additional information can be found here.



Listen to WLW at 12:05 p.m. Today – Randy Freking Talks About Chief Blackwell

Randy Freking

Tune into WLW today at 12:05 p.m. Willie Cunningham and Randy Freking will be discussing the abrupt termination of Cincinnati Police Chief Jeffrey Blackwell.


A Few Good Women

Jon Allison

Jon Allison’s Monday Blog
Last week for the first time women graduated from the Army’s Ranger School.  Two women graduated – Captain Kristen Griest, 26, a military police platoon leader, and 1st Lieutenant Shaye Haver, 25, an Apache attack helicopter pilot.  19 women entered the training.  94 men made it out of 380 that entered training.
Ranger School was opened to women for the first time this past April as the Army assesses integrating women into more positions in combat units.  It is one of the toughest tests the military has.  It requires performing a number of physically and mentally challenging tasks under difficult conditions with little food and sleep.  It takes a couple of months to complete Ranger School if all tests are passed on the first try.  Many take longer to complete the training.  Of the 96 in Griest’s and Haver’s class, 40 went “straight through” and the rest repeated portions of the course.  Last year 4,057 attempted the course and 1,609 graduated.
There are additional tests that those who made it through Ranger School still have to pass to join the 75th Ranger Regiment.  The 94 men who completed Ranger School can continue on.  The 2 women can’t because the Ranger Regiment remains male-only.  That may soon change.
In January of 2013 then-Defense Secretary Leon Panetta and Joint Chiefs Chairman General Martin Dempsey signed an order eliminating numerous limits on women’s service in the military and ordering a quarter-million jobs open regardless of gender.  The military was also ordered to engage in a review of requirements for combat jobs and make any arguments in support of keeping certain jobs closed to women by January of 2016.  Standards were not to be reduced.
The Navy and Air Force have few jobs closed to women.  The Army and Marine Corps still have numerous positions that remain closed to women which often involve fighting in small units on the front lines and doing physically grueling tasks.  The military is completing their reviews and will make any arguments to Defense Secretary Ash Carter in the coming months.
It appears that most if not all jobs that remain closed to women may open.  There remain deep divides over the wisdom of this.  Some believe if you can meet the established standards then you should be allowed to have the position.  Others believe despite that, there are still reasons to leave some jobs closed to women.
For more on this topic see . . .
The Washington Post Editorial Board: Let women serve in elite military units

Kathleen Parker: Military is putting women at unique risk

William Denn: Women in combat roles would strengthen the military

Dan Lamothe: These are the Army’s first female Ranger School graduates