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Inside Job

Jon Allison

Monday Blog
Last week a group of four former store detectives filed a class-action lawsuit against CVS alleging that it directed them to racially profile African-American and Hispanic customers and then retaliated against the detectives when they complained that the practice was discriminatory.  The plaintiffs say that two loss-prevention supervisors for the Manhattan and Queens store locations on a regular basis told the detectives to profile African-American and Hispanic customers because they were the ones who were always the thieves.  After complaining to superiors, the plaintiffs say they were subjected to false criticism of their performance.  Three of the plaintiffs were then terminated earlier this year while one was terminated before that.  One of the attorneys for the plaintiffs said that, while there have been profiling cases filed by customers, “this is the first time a group of employees has banded together to provide an inside account and expose the blatant racial profiling policy at one of the largest retailers in the world.”
Find more information here.

The Expectation That Dads Prioritize Work
Josh Levs was the fatherhood reporter for CNN in the summer of 2013 when his wife gave birth prematurely while suffering from a severe pregnancy complication.  Months prior to the premature birth of his daughter he had requested 10 weeks of paid leave.  At the time CNN offered 10 weeks of paid leave under CNN’s leave policies.  He found out that the 10 weeks of leave only applied to men in cases of adoption or a surrogate birth.  He asked if CNN would change the policy.  He was told no 11 days after the premature birth of his daughter.  Instead, when his family needed him most, he got 2 weeks of leave which was at that point used up.  He filed an EEOC complaint which is not yet resolved.  CNN has, however, changed its policy.  Read this article for more details.

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Blog Update: Supreme Court Issues Decision On Religious Accomodation

Jon Allison

On Monday the Supreme Court issued its decision in the Samantha Elauf/Abercrombie & Fitch case ruling in favor of Elauf.  The Court held “Title VII forbids adverse employment decisions made with a forbidden motive, whether this motive derives from actual knowledge, a well-founded suspicion or merely a hunch.”  Abercrombie denied Elauf employment because she wore a headscarf to her interview that Abercrombie says conflicted with its dress code.  But Abercrombie did not tell Elauf of the dress code during the interview so Elauf did not know to request a religious accommodation allowing her to wear it.  Abercrombie then argued that Elauf never brought it up, so Abercrombie should be off the hook.  The Supreme Court found that Abercrombie at least suspected that Elauf wore the headscarf for religious reasons and it could have easily offered her the accommodation of allowing her to wear it.  This case makes it clear that employers can’t just put their head in the sand when it appears an applicant may request a religious accommodation.

This is an update on Jon’s original blog post from March 2, 2015 titled We Don’t Allow Hats. You Got A Problem With That? .  Click on the title to read the original post.

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Egregious Sexual Harassment And Retaliation Condoned At Arizona State Mental Hospital

Jon Allison

Monday Blog
A security officer for Arizona State Mental Hospital was sexually harassed for years and retaliated against after making numerous complaints about the harassment.
Beginning in 2009, the victim was subjected to a work environment permeated by unwelcome, offensive sexual remarks, sexual messages, pornographic text videos and aggressive physical contacts and gestures.
For example, one of her supervisors, Sergeant Moreno, sent a series of inappropriate telephonic communications, including pornographic videos of group anal sex.  He also sent pictures of himself and asked the victim to send back pictures of herself.  He repeatedly asked to kiss her, violently bumped into her, invaded her personal space and touched her inappropriately.
She complained in November 2009 and a number of times after that to her superiors and human resources personnel.  She asked that Moreno be directed to stay away from her or be transferred.  Instead, he remained her supervisor and retaliated.  Other supervisors and employees were complicit in the harassment and retaliation.
The victim was subjected to unwarranted discipline, less desirable job assignments and verbal and physical intimidation.  One hospital employee even told the victim there would be a hit put out on her for her complaints.
The victim filed charges with the Equal Employment Opportunity Commission in April and July 2010.  After investigating, the EEOC found in 2011 that the victim had been sexually harassed and retaliated against.  Still, nothing changed.  In fact, Moreno continued to supervise the victim.
A federal lawsuit was filed in 2012.  Finally, after years of internal and external complaints, egregious sexual harassment and retaliation, the state settled the case for $250,000 plus legal fees.  Moreno was terminated, but not for sexual harassment.  Rather, he was terminated for downloading pornography at work and other misconduct unrelated to the sexual harassment.
When the state was asked for any documents related to any investigation into the victim’s numerous complaints over the years, the response was they couldn’t locate anything.  A number of high ranking officials were placed on administrative leave, including the health department director, state hospital CEO and the health department’s lead attorney.  Read more here.

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A Step In The Right Direction For Working Parents

Jon Allison

Monday Blog

Massachusetts Attorney General Maura Healey will be providing to all employees in her office 6 weeks of paid parental leave.  This is a step in the right direction toward providing economic security for working mothers and fathers.  Others should follow suit and do even more.  Currently, under the Family and Medical Leave Act, which was passed in 1993, new parents in the United States are guaranteed 12 weeks of unpaid leave.  However, the United States lags far behind other industrialized nations with respect to leave provided to working parents.  We are the only nation that does not require paid leave and we offer the least amount of unpaid leave.  Most other countries require significantly more than 6 weeks of paid parental leave.  We have work to do.  Read more here.

A Literature/Gym Teacher And The Ministerial Exemption

Shaela Evenson was terminated last year from her Catholic school teaching job at Butte Central in Helena, Montana after the school learned she was unmarried and pregnant.  Evenson recently filed suit for pregnancy discrimination, sex discrimination and breach of contract.  The school and co-defendant the Roman Catholic Diocese of Helena is taking the position that Evenson cannot pursue any discrimination claims because she was a ministerial employee and the Supreme Court of the United States has recognized a ministerial exemption preventing such suits.  Evenson’s position is that the ministerial exemption only applies to employees “whose primary duties consist of engaging in church governance, supervising a religious order, or conducting religious ritual, worship or instruction.”  Evenson says the exemption doesn’t apply to her because she taught literature and physical education.  The school and diocese say the exemption applies because she led her homeroom class in a daily prayer, accompanied them to Mass, and took religious education classes.  See this article for additional information.

 

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Glass Ceiling For Asian Americans

Jon Allison

Monday Blog
According to a study conducted by Ascend Foundation (a group focused on Asian business issues) and released last week, major technology companies are much more likely to employ Asians as computer programmers than executives.  Ascend studied employment records of Google, Hewlett-Packard, Intel, LinkedIn and Yahoo from 2013.  Caucasians held 62 percent of professional jobs at the companies studied, but held 80 percent of executive jobs.  By contrast, Asians held 27 percent of professional jobs but only 14 percent were in executive positions.  The greatest disparity was between Caucasian males and Asian women.  For every 87 professional jobs held by Caucasian men, 1 was an executive job.  Only 1 out of every 285 professional jobs held by Asian women was an executive level job.  The report concluded that cultural differences may be one reason for the disparity.  Janet Wong, a co-author of the report, said her Chinese-American upbringing taught her “studying hard, getting good grades was all I needed to be successful.”  She said she then watched others climb the management ladder while she fell behind.  She attributed that to not putting time into building relationships.  Co-author Buck Gee said “Asians are perceived as better engineers but poor leaders.  Even if you want to be a leader, and show that (you can), there’s implicit bias that you aren’t.”  A spokesperson for LinkedIn said they have “work to do in order to create greater diversity at our company.”
Articles from Fast Company, The New York Times and Santa Cruz Sentinel go in to more detail on this topic.

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