Does Your Physical Appearance Prevent You From Being Hired?

A woman in Iowa was recently fired because she was deemed to be too attractive and was distracting to her boss. Two employees in Utah were recently terminated simply because they leaned more liberal instead of more conservative in their political beliefs. Can your physical appearance, your politics, or even your age prevent you from being hired? Can people really fire you simply because of how you look?

Unfortunately, the Answer is Yes

There are 24 “Right to Work” states in the United States, and worldwide there are many countries that have similar standards to these. Rather than it being a contract to guarantee a job, a Right to Work state prevents unions from creating a “closed shop,” or a place where you have to join a union and stay current with your union dues to have the job. This also eliminates much of the negotiations that occur between the employer and potential employee, replacing the union contract of employment with a standardized agreement. This allows you as the employee to come and go as you please from a job without fear of reprisal… but it also means the employer can terminate you from you job as well for virtually any reason. That’s right – if your boss doesn’t like your tattoo, you can be fired. If a younger person can better accomplish your job, you can be fired. If your boss doesn’t like the fact that you wear a green shirt on Mondays, you can be fired.

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Workplace accidents are all too common

Each year an average of 4,000 people are injured by teapots badly enough to require medical attention; 40,000 American citizens last year were admitted to hospital after being injured by a toilet; three people in Britain die each year testing out nine volt batteries on their tongue; thirteen people are killed each year due to having a vending machine fall on them; an average of four people are admitted to British hospitals each Christmas day with broken arms sustained in cracker-pulling incidents.

Undoubtedly some of these statistics made you laugh and all of them made you feel slightly superior to the ‘idiots’ who managed to get themselves into these situations. However, workplace accidents are common and often just as easily avoided when correct procedures are followed.

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Healthcare Costs

I just found out my healthcare insurance premiums are going up 14% after the next open enrollment. Two years ago a $1000 deductible charge per person was added. With wages going up 2% a year for most people at our company you can see the dilemma we are in. More and more of our income is being spent on healthcare every year.

There has been an emphasis on “health” at the company with employees having the option of having their premiums reduced by participating in a health incentive program. What this amounts to is employees paying a penalty if they smoke, have BMI (Body Mass Index) numbers that don’t match the numbers in their charts and a host of other things . We already have to pay $25 a payday if you have not been tobacco free for 6 months and you aren’t participating in a stop smoking program. I have been in the work force for over 40 years and this new trend of employers wanting to know every detail of their employees personal lives does not seem right in a free country. It used to be enough that you went to work everyday, on time and did your job but now yhere is a deliberate encroachment in your private life .    

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Know your rights to stand against workplace Discrimination, Unfairness and Bullying

Discrimination at workplace can be considered as a global scale issue in the present world. It happens when employers single out certain individuals or groups of individuals illegally based on their characteristics. Discrimination can take place based on gender, race, religion, ethnicity, marital status, physical disability and many more reasons. Discrimination has the potential to lead you towards bullying. People who experience bullying get frustrated and they feel like moving away from the workplace. Almost all the countries in the world are prohibiting employee discrimination and they have implemented necessary laws to protect the rights of the workers. This article will assist you to know your rights and put a stop towards discrimination at workplace.

Discrimination can even occur if the employer does not intend to discriminate. For example, some companies have promotions available only for people with certain physical abilities. It is not fair to divide the workers depending on their physical abilities. Therefore it can be considered as discrimination. You should be aware about these methods of discrimination to stand against it. You have to use your common sense and if you feel uneasy at your workplace, you have the responsibility to take necessary actions against it.

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Age Discrimination in the Workplace – Ageism Brings Gray Hair to Unemployed

Ageism in the workplace is rampant. In a society where youthfulness is coveted and the beauty industry rakes in billions of dollars for potions and cover-ups for those dreaded wrinkles, and thousands flock to the salon to cover up graying hair, it is no surprise that a disproportionate amount of those considered “old” by today’s standards (over 40 years) are laid off or denied jobs.

The hard truth is that employers often stereotype older people. They think that because of their age, they will need more absences due to medical problems, or that they won’t be productive since they are close to retirement. They also think about how the cost of health insurance will be more if they add that gentleman from the baby boomer age, or if they will cost too much to hire considering their decades of experience.

Whether employers do this intentionally or not, ageism is illegal not to mention unfair, since older folks are generally more reliable and have much more experience than their younger competitors. Before you go dying your gray hair again, heed these warning signs that you may be facing age discrimination.

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Employees’ Top Workplace Resolutions for 2013

2013 is right around the corner. How the hell did that happen? I’m still hoarding bottled water and canned goods for Y2K. I demand to speak with a manager!
But that will have to wait, because first we need to discuss a new Glassdoor/Harris Interactive survey that reveals the average American employee’s workplace resolutions for 2013. What, exactly, do employees wish for in the coming year?

Perhaps not surprisingly, about one-third (32%) of employees surveyed list getting a raise as their top workplace resolution for 2013. After they get more money, they will start looking for a new job, since “looking for a new job” (23%) ranks second on employees’ workplace resolutions list.

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The Worst CEOs of 2012

Who are the absolute worst chief executives of 2012? Sydney Finkelstein thinks he knows. The longtime professor at Dartmouth College’s Tuck School of Business is the author of 11 books with such titles as Why Smart Executives Fail and Think Again: Why Good Leaders Make Bad Decisions, so he knows a thing or two about utter failure. He’s been putting out his list for three years now, and last year it included the chief executives ofNetflix (NFLX), Research in Motion (RIM), and Hewlett-Packard (HPQ). Here’s the list (except where noted the companies didn’t respond to a request for comment):

1. Brian Dunn, who resigned as chief executive of Best Buy (BBY) in April after allegations surfaced that he had an inappropriate relationship with a much younger subordinate. That’s not why he’s on the list, though. Declining stock price, cratering same-store sales, loss of market share to more nimble competitors, and an addiction to share buybacks that cost the company $6.4 billion with little to show for it—that’s why he’s on the list.

2. Aubrey McClendon, the CEO of Chesapeake Energy (CHK) who apparently has trouble keeping his company’s finances and his own apart. According to Reuters, McClendon borrowed as much as $1.1 billion over three years in undisclosed loans against his stake in thousands of company wells and ran a $200 million oil-and-gas hedge fund on the side, an “obvious conflict of interest,” Finkelstein says. Use of the company jet (and company employees) for personal purposes and a corporate sponsorship deal for Oklahoma City Thunder while McClendon was an owner of the basketball team also didn’t help. Jim Gipson, a spokesman for Chesapeake Energy, declined to comment.

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Job disability a headache for U.S. recovery

(Reuters) – Monica Soltes was excited 10 years ago to leave Merrill Lynch and start her own business as an independent financial planner in San Diego. After she fell off a porch at her cousin’s cottage and broke her elbow, her dreams unraveled.

Following multiple surgeries that confined her to bed, Soltes was diagnosed with a hormonal disease that is weakening her bones. She also ran out of money, signed up for disability benefits and has been unable to work again.

The 47-year-old from Michigan is among the 8.7 million American workers on the U.S. disability rolls, an important part of the social safety net. Since the recession began in 2007, she has been joined by a record number of people seeking disability benefits, raising questions about the program’s solvency and casting a pall over future prospects for U.S. economic growth.

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How to Deal With a Nosy Co-Worker

My friend Megan has an office stalker. She works at a library in Nashville, where one of her co-workers walks by her desk so frequently that one day, Megan started keeping a tally. “She passed by my cubicle 17 times between 8 a.m. and 10 a.m.,” Megan says, “and almost every time she’ll be like, ‘Hi!’ and pop her head in. I can’t stand it.”

If Megan’s surfing the Web, the co-worker will ask what website she’s visiting. Is that a project Megan’s working on? What is that YouTube (GOOG) video? “She’ll point to the screen and ask, ‘Oh, what’s that?’” Megan says. “And I’ll be like, ‘Uh, databases.’”

Megan has tried everything—averting her eyes, pretending to be busy, acting as if she didn’t hear the question—but the co-worker is both oblivious and persistent. Other people in the office have also fallen victim to the woman’s pop-ins and questions. “Every conversation we have about her always starts with: ‘She’s so nice, but …’” Megan says. “There’s always a ‘but.’”

Megan’s problem is a distressingly common one. Every office has at least one nosy co-worker, and they come in a myriad of irritating forms. Laura in New York once had a colleague ask if she was pregnant. (She wasn’t.) Amy in Michigan has a boss who has asked several times how much she weighs. When I was a teenager, working as aStarbucks (SBUX) barista, a woman asked me—in front of other employees and several customers—why my parents were getting divorced.

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A Chance to See Disabilities as Assets

MANY people know of Berkeley, Calif., as the birthplace, in the 1960’s, of the Free Speech Movement. Fewer people know that Berkeley also played a major role in the disability rights movement. It was here, also in the ’60s, that Ed Roberts — a student with quadriplegia — became an outspoken advocate of the cause.
I became aware of this after being invited to give a lecture for theDisabled Students’ Program at the University of California. I was delighted and, of course, flattered, but I was also nervous.
Sure, I’d given workshops and lectures hundreds of times, but this would be my first time speaking to an audience made up entirely of people with disabilities. To be perfectly honest, I’d always felt uncomfortable around disabled people. Suppose I said the wrong thing? Came off as insensitive?

I needed guidance, so I turned to Paul Hippolitus, the director of the program. Reluctantly, I acknowledged my discomfort. Paul had spent 30 years at the Office of Disability Employment Policy of the federal Labor Department before coming to the university, and he had heard it all before.

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Pregnancy Discrimination

Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Pregnancy Discrimination & Work Situations

The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

Pregnancy Discrimination & Temporary Disability

If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.

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Understanding Your Employment Rights Under the Americans with Disabilities Act (ADA): A Guide for Veterans

In recent years, the percentage of veterans who report having service-connected disabilities (i.e., disabilities that were incurred in, or aggravated during, military service)[1] has risen. About twenty-five percent of recent veterans report having a service-connected disability, as compared to about thirteen percent of all veterans.[2]Common injuries experienced by veterans include missing limbs, spinal cord injuries, burns, post traumatic stress disorder (PTSD), hearing loss, traumatic brain injuries, and other impairments.

This guide is intended to answer questions you may have about your rights as an injured veteran, now that you have left the service and are returning to a civilian job or seeking a new job. It also explains the kinds of adjustments (called reasonable accommodations) that may help you be successful in the workplace.

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Working With a Disability

Having a disability doesn’t need to keep one from having a productive career. Many people with disabilities can work and the jobs they can hold vary with each individual’s abilities and limitations. What’s important to remember is that no one but the individual, in consultation with his or her healthcare professional, has the right to decide what job he or she can hold.

There are several laws which protect the workplace rights of Americans with disabilities. Included are several sections of the Rehabilitation Act of 1973. These sections prohibit federal agencies from discriminating against qualified individuals with disabilities, require contractors and subcontractors who have a contract with the federal government for $10,000 or more annually to take affirmative action to employ andadvance in employment qualified individuals with disabilities, prohibit recipients of federal financial assistance from discriminating against qualified individuals with disabilities in employment and in their programs and activities, and require that individuals with disabilities, who are members of the public seeking information or services from a federal department or agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities. Individual states may also have anti-discrimination laws on the books.

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Disability Employment: Are We at the Tipping Point?

Later this month, when our country marks the 22nd anniversary of the Americans with Disabilities Act, many of the law’s champions will lament that the employment situation for our citizens with disabilities has not improved since the ADA was signed.

In recent years, that situation has gotten worse. According to the Bureau of Labor Statistics, the disability workforce shrank by over 10 percent during the recession, five times faster than the non-disability workforce, which shrank by only about two percent.

And BLS data released earlier this month reveal that as the rest of the workforce has slowly begun to recover, the disability workforce has lagged. The number of working age Americans without disabilities participating in the labor force grew by almost 3 million in the past year. During the same period, the number of workers with disabilities declined by 94,000. Even at the high water mark for disability employment before the recession, only 37 percent of working age adults with disabilities were in the labor force.

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Disability Employment: Are We at the Tipping Point?

Later this month, when our country marks the 22nd anniversary of the Americans with Disabilities Act, many of the law’s champions will lament that the employment situation for our citizens with disabilities has not improved since the ADA was signed.

In recent years, that situation has gotten worse. According to the Bureau of Labor Statistics, the disability workforce shrank by over 10 percent during the recession, five times faster than the non-disability workforce, which shrank by only about two percent.

And BLS data released earlier this month reveal that as the rest of the workforce has slowly begun to recover, the disability workforce has lagged. The number of working age Americans without disabilities participating in the labor force grew by almost 3 million in the past year. During the same period, the number of workers with disabilities declined by 94,000. Even at the high water mark for disability employment before the recession, only 37 percent of working age adults with disabilities were in the labor force.

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Disability Discrimination in the Workplace: An Overview of the ADA

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees or applicants with disabilities in all aspects of employment including hiring, pay, promotion, firing, and more. It also protects employees from retaliation when they enforce their rights under the law. (To learn more about ADA rules for the hiring process, read Nolo’s articleGetting Hired With a Disability.)

Private employers with at least 15 employees must follow the ADA. Many states have similar laws, which may apply to smaller employers too.

Employers subject to the ADA cannot discriminate against a “qualified worker with a disability.” Furthermore, the employer must provide a reasonable accommodation for a worker with a disability as long as the accommodation won’t cause the employer undue hardship. The ADA specifies what counts as a disability, which workers are protected by the law, when accommodations are required, and what constitutes an undue hardship.

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Christians Claim Workplace Discrimination in Landmark Case

LONDON — One of Europe’s highest courts is considering a landmark decision on the employment rights of Christians, including two British women who were disciplined for wearing crucifix necklaces at work.

They were among four Christians who this week took their cases to the European Court of Human Rights in Strasbourg claiming workplace discrimination that a former Archbishop of Canterbury says has turned them into victims of a new secular orthodoxy.

The four, all Britons who claim that national laws failed to protect them, argue that their employers contravened European human rights legislation that bans religious discrimination and allows “freedom of thought, conscience and religion.”

A lawyer for the British government argued at a hearing in Strasbourg on Tuesday that these rights were protected only in the private sphere and not in the workplace.

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The Economic Costs of Discrimination and the Financial Benefits of Gay and Transgender Equality in the Workplace

Employers who discriminate based on sexual orientation and gender identity put themselves at a competitive disadvantage to companies that treat their gay and transgender employees fairly and equally on the job.

There’s a price to be paid for workplace discrimination—$64 billion. That amount represents the annual estimated cost of losing and replacing more than 2 million American workers who leave their jobs each year due to unfairness and discrimination.

A significant number of those workers are gay and transgender individuals who have been treated unfairly simply because of their sexual orientation and gender identity. According to a recent survey, fully 42 percent of gay individuals say they have experienced some form of employment discrimination at some point in their lives. Transgender workers face even higher rates of workplace discrimination and harassment. An astonishing 90 percent of transgender individuals report experiencing some form of harassment, mistreatment, or discrimination on the job, or taking actions such as hiding who they are to avoid it. This includes 47 percent who said they had experienced an adverse job outcome such as being fired, denied employment, or not receiving a deserved promotion because of their gender identity.

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Employment Non-Discrimination Act

Qualified, hardworking Americans are denied job opportunities, fired or otherwise discriminated against just because they are lesbian, gay, bisexual or transgender (LGBT).  There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states to discriminate based on sexual orientation, and in 34 states to do so based on gender identity or expression.  As a result, LGBT people face serious discrimination in employment, including being fired, being denied a promotion, and experiencing harassment on the job.

What is the Employment Non-Discrimination Act?

The Employment Non-Discrimination Act (ENDA) would provide basic protections against workplace discrimination on the basis of sexual orientation or gender identity.  ENDA simply affords to all Americans basic employment protection from discrimination based on irrational prejudice.  The bill is closely modeled on existing civil rights laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.  The bill explicitly prohibits preferential treatment and quotas and does not permit disparate impact suits.  In addition, it exempts small businesses, religious organizations and the military, and does not require that domestic partner benefits be provided to the same-sex partners of employees.

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Discrimination lawsuits double as definition of ‘disability’ expands

The number of employment discrimination lawsuits under the Americans with Disabilities Act (ADA) has nearly doubled in the past five years and seen a sharp increase in recent months, federal court records show, as the definition of “disability” has expanded and what many believe are baseless lawsuits are filed.

The increase follows changes to the law in 2008, when Congress said that courts had interpreted the definition of “disability” more narrowly than it desired.

In the last fiscal year, disability-related complaints lodged with the Equal Employment Opportunity Commission (EEOC) also rose to their highest level, at 26,000, and payouts to complainants through that process nearly doubled to $103 million compared with the figure from 2007. That does not include money paid out to those who took their complaints to court.

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Filipino-Americans Win Discrimination Case in California

A group of Filipino American hospital employees in California have won in a case of national origin discrimination and harassment, the Asian Pacific American Legal Center (APALC) announced Monday.

The settlement is the largest for a workplace language discrimination case both in the U.S. west coast and the country’s healthcare service. It is also the largest language rights settlement ever secured by APALC.

The landmark victory was achieved by APALC, a member of the Asian American Center for Advancing Justice and the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of 69 Filipino American hospital employees who were subject to national origin discrimination and harassment when the hospital singled them out for enforcement of an unlawful English only policy in violation of federal and state law.

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Government Cracking Down On Workplace Racism

WASHINGTON (AP) — It started with allegations of hangman’s nooses, graffiti and racist comments targeting a handful of black workers at a trucking company warehouse in Chicago Ridge, Ill.

Four years later, the Equal Employment Opportunity Commission had turned the case into a major class action lawsuit alleging more than 170 employees of Yellow Transportation Inc. were victims of a racially hostile work environment.

When the company agreed in June to settle the case for $11 million, it became the EEOC’s latest victory in a systemic strategy to bring more large-scale bias cases against prominent companies — all in the name of cracking down on discrimination in the workplace.

Instead of filing a lawsuit on behalf of one worker at a time, the commission is increasingly trying to super-size cases. Investigators look for patterns of discrimination against dozens or even hundreds of workers at a single company in areas such as hiring, pay, promotion or termination.

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Cases of Genetic Discrimination

Although no genetic-employment discrimination case has been brought before U.S. federal or state courts, in 2001 the U.S. Equal Employment Opportunity Commission(EEOC) [eeoc.gov] settled the first lawsuit alleging this type of discrimination.

EEOC filed a suit against the Burlington Northern Santa Fe (BNSF) Railroad for secretly testing its employees for a rare genetic condition (hereditary neuropathy with liability to pressure palsies – HNPP) that causes carpal tunnel syndrome as one of its many symptoms. BNSF claimed that the testing was a way of determining whether the high incidence of repetitive-stress injuries among its employees was work-related. Besides testing for HNPP, company-paid doctors also were instructed to screen for several other medical conditions such as diabetes and alcoholism. BNSF employees examined by company doctors were not told that they were being genetically tested. One employee who refused testing was threatened with possible termination.

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Workplace Discrimination Is Happening To More Caregivers Than Ever Before, AARP Reports

As more Americans take on the responsibility of caring for elderly loved ones, there has been an increase in workplace discrimination targeting caregivers, according to a new report by AARP.

“Workplace discrimination against family caregivers is growing more commonplace and more problematic as baby boomers age and combine work in the paid labor force and unpaid work as caregivers for their parents,” said Susan Reinhard, AARP senior vice president and director of the AARP Public Policy Institute, in a press release.

The workplace discrimination caregivers can face varies but can include the following, according to AARP: an employee is fired when he or she asks to take leave to care for a chronically ill parent; an employee who asks for leave is told they are not a valuable asset at work and gets fired upon returning from leave; or the employee is denied leave.

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Age Discrimination in the Workplace

Nearly a third of Massachusetts residents report that they or someone they know has experienced age discrimination, a new AARP surveyfinds.

According to Debbie Chalfie, AARP expert on age discrimination, older workers are concerned about keeping their jobs, and hiring bias has been a top issue during the economic slump. “Everyone has taken it on the chin during this recession, but older workers are the ones who don’t have the time to recover if they’ve lost their jobs, or used up their savings.”

Though national unemployment rates have declined somewhat since 2009, it still remains high, particularly for workers age 50 and over. In fact, the average length of unemployment between jobs for older workers is well over one year – an all-time high. “Age discrimination is continuing to be a barrier,” said Chalfie. “It is critical that those who need or want to work longer are able to do so.”

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Workplace discrimination prompts ‘whitened’ job applications

Ethnic minority women face discrimination “at every stage of the recruitment process”, a report by MPs says. But what is finding a job like for those affected?

Jorden Berkeley, a black 22-year-old university graduate from London, spent four months applying for jobs but getting no responses from bigger companies, and offers from elsewhere that were limited to unpaid work experience.

Then a careers adviser suggested Miss Berkeley drop her first name and start using her middle name, Elizabeth.

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Chick-fil-A’s history of workplace discrimination

In the debate raging over Chick-fil-A’s position on gay rights, some defenders of the Georgia-based fast-food chain have claimed that despite Chief Operating Officer Dan Cathy’s statementsagainst same-sex marriage and the company’sgenerous funding of anti-gay groups, theoutspokenly Christian corporation doesn’t discriminate against workers.

But in fact, the company has been sued at least a dozen times for employment discrimination,according to Forbes magazine.

One of the cases involved Aziz Latif, a former Chick-fil-A restaurant manager in Houston, who sued the company in 2002 because he was fired a day after refusing to participate in a group prayer to Jesus Christ at a company training program. Latif is a Muslim. The suit was settled, but the terms were not disclosed, Forbes reported.

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Obesity Discrimination On The Job Provokes Dispute Over Best Remedy

“I’ve been a fat person all my life,” said Peggy Howell, 65, of Las Vegas, Nevada. “I went from being a chubby kid to a fat teenager to a fat adult.”

A former administrator and counselor at a church school, Howell recalled a meeting in the early 1990s with her boss. “Out of the blue, my boss tells me that my weight is an indication that my life is out of control,” said Howell, who has weighed around 300 pounds for most of her adult life. “He said that I had no business counseling other people if I couldn’t even get my life under control and that either I had to lose weight or I’d be fired.”

Howell told The Huffington Post that she had no choice but to agree. Over the next six months, she lost more than 100 pounds, she said. But her boss’s attitude only worsened. A year later, Howell said, she was forced to quit.

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The Pregnant Workers Fairness Act Offers Hope for Women in the Workplace, If Congress Passes It

“Tina,” who is pregnant and works as a health aide in a nursing home, is told by her doctor that she should not lift more than 35 pounds.  Her job description requires lifting 40 pounds regularly, but lighter duty jobs, such as answering the phone and working at the reception desk, are available.  Nevertheless, her employer stops scheduling her for shifts and tells her she must take unpaid Family Medical Leave, which would run out before the delivery of her baby and leave her without the income she needs to pay the 50% of her medical insurance her employer does not cover.  Left with no choice, Tina loses her job.

“Jessica,” who is pregnant and works as a pharmacist’s assistant, needs to sit down occasionally throughout her day.  Chairs are available for customers, but the pharmacy does not permit the staff to use them.  As a result, Jessica loses her job.

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Ensuring Workplace Fairness Is Not Expensive

Last week, the Center for American Progress released initial findings of a poll that shows a majority of small business owners support policies that shield gay and transgender employees from discrimination.[1] In addition to demonstrating their support for workplace fairness, a majority of small businesses also report no costs associated with implementing and maintaining nondiscrimination policies based on sexual orientation and gender identity.

The poll showed that 63 percent of small business owners support the Employment Nondiscrimination Act, or ENDA, a federal law that would prohibit public and private employment discrimination against gay and transgender workers. This support among the small business community mirrors the public’s support for ENDA. A CAP poll from June 2011 shows that three out of four (73 percent) likely 2012 voters also support legislation to combat discrimination against the gay and transgender workforce, including clear majorities of self-identified independents and Republicans.

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What is Workplace Fairness and Why Should Your Readers Know About It? Extensive Assistance Available to Employees in Need of Advocates and Resources

WASHINGTON (November 15, 2012) – For those who have been treated unfairly in the workplace, Workplace Fairness is an organization that can help. It’s also an organization that advocates for and promotes employee rights.

Workplace Fairness is a nonprofit organization working to preserve and promote employee rights. The Workplace Fairness website, www.workplacefairness.org, provides comprehensive information about job rights and employment issues nationally and in all 50 states. It is for workers, employers, advocates, policymakers, journalists and anyone else who wants to understand, protect and strengthen workers’ rights.

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Workplace Fairness and Performance Appraisal

There has been a lot of discussion in the HR blog world of late regarding the subject ofperformance appraisal. More and more people are dismissing the importance of the performance appraisal process. There are a number of arguments that have been used, most of which I have always said have more to do with the user than it does with the tool. But now I am not so sure. I am beginning to think it may have as much to do with a changing view of the concept of “fairness” in our society. So I wanted to get you thinking along those lines as the trend develops and people apply a new definition of “fairness” to the performance appraisal process.

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Workplace Fairness and the Role of the Union

We were very fortunate to welcome Al Brown on Friday (March  23) for our most recent Workplace Fairness Luncheon. Al is the Labour Relations Officer for the SAIT Faculty Association.  Al addressed the topic of the union and Workplace Fairness. He brings to the table a wealth of experience, and broad knowledge of the Alberta Labour Relations Code.

I asked Al what he considered the most important learning the non-union employer can gain from the union, and he suggested that it is the concept of fairness. Unions will step in to fill the breach when there is a perception of unfairness in a workplace.

The role of the union rep is one of witness, ensuring the worker is treated with fairness and fully understands the case and the circumstances. At SAIT, there is an opportunity for circumstances to be resolved at an informal meeting before the grievance process is initiated. This requires a good working relationship between the union and Human Resources.  Open and honest communication about the circumstances will ensure that the appropriate process is followed.

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Catholic social solutions to workplace fairness

Bruising industrial confrontations within Qantas and in Victorian hospitals during the latter half of last year pose pertinent questions as to whether alternative forms of ownership and control of workplaces might in some instances have more to offer than conventional wisdom may suppose.

A case in point is the great complex of worker-owned manufacturing, retail, financial, agricultural, civil engineering and support cooperatives and associated entities headquartered at Mondragon in the Basque region of Spain.

With Spanish unemployment levels following the global financial crisis standing at some 22 per cent, the Mondragon cooperatives have demonstrated impressive resilience, absorbing their share of economic hits and emerging largely unscathed.

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War FOR Women: Pregnant Workers Fairness Act Protects Mothers-To-Be

Yesterday, Congress took up legislation that could significantly impact women’s health — and no, it doesn’t limit contraception or force anything into their vaginas.

The Pregnant Workers Fairness Act aims to protect pregnant women in the workplace from common discrimination — not being allowed to carry a water bottle, for example — that threatens their health and stops them from being productive employees, or from working altogether.

Introduced by Reps. Jerrold Nadler (D-NY), Carolyn Maloney (D-NY), Jackie Speier (D-CA), Susan Davis (D-CA) and George Miller (D-CA), the bill would “ensure that pregnant women are not forced out of jobs unnecessarily or denied reasonable job modifications that would allow them to continue working,” according to a media advisory:

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A Workplace Fairness Assessment at Vista Projects: Process, Results, and Benefits

Vista Projects embarked on a Workplace Fairness Assessment in November 2011, and the results have seen an increased more accessible profile for HR in the management of workplace conflict and a new tool for enhancing employee engagement.

In Alberta’s booming oil and gas sector it is becoming increasingly important for competitive companies to differentiate themselves for potential employees.  Vista Projects, a privately held full services engineering and procurement (EP) company, has been ranked among the best small and medium employers in Canada for three years since 2010, and they are not resting on their laurels.  In a few short years Vista Projects has grown to a mid-sized company of nearly 400 employees.  Management at Vista recognize the importance of cultivating, maintaining and promoting a healthy work environment and they are committed to working for it.

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Fairness needed for pregnant workers

(CNN) – Peggy Young just wanted to support her family. As an employee at United Parcel Services, she delivered letters and packages, a job that sometimes required heavy lifting. When she became pregnant, she asked for a lighter assignment. UPS denied the request. Although they routinely granted accommodations to other employees, Young wasn’t eligible.

Throughout America, pregnant women in physically demanding jobs face an unconscionable choice: protect their health or keep their job. In Kansas, Heather Wiseman was fired for carrying a water bottle to remain hydrated; in New York, Patricia Leahy was terminated for refusing to “perform heavy lifting, climbing ladders and other strenuous movements.” In Texas, Tennessee, and Alabama, women were fired, just like Young, because they couldn’t lift heavy objects.

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Election 2012: Moving Forward on Fairness for Women in the Workplace

Women made a difference this election. Issues like fair pay received attention nationally and at the state level like never before. Women at all levels broke barriers. And a record number of women were elected to Congress. The results of this historic election represent great progress for women, and they have also created a great opportunity: a chance to move forward with real, concrete solutions to the challenges women and their families grapple with every day.

Challenges like unfair pay. Women who are employed full time in the United States are still being paid just 77 cents for every dollar paid to men, amounting to more than $11,000 in lost income each year. During many campaigns this election, elected officials and candidates talked about what this wage gap means for women and families. Now, it’s time to act.

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Should Pregnant Women Be Accommodated in the Workplace?

Earlier this week, a coalition of legislators introduced the Pregnant Workers Fairness Act, designed to encourage employers to make nice to their pregnant employees. If they need extra bathroom breaks or help lifting heavy things or a chair to sit in, employers shouldn’t balk.

But many are. Complaints about pregnancy-related work discrimination have soared 50% since 2000. Consider the case of Angie, a train conductor in Mississippi whose employer wouldn’t agree to accommodate her when she presented a doctor’s note limiting the amount of weight she should lift. Employees at her workplace routinely helped each other out, but her employer forced her to take three months of unpaid leave rather than assign her to lighter duty. She contacted an advice hotline maintained by Equal Rights Advocates (ERA), a nonprofit law firm that focuses on employment and educational equity for women, but there wasn’t much ERA could do in the absence of comprehensive laws championing pregnant women’s rights to reasonable accommodations in order to keep working.

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Workplace Fairness for Gay and Transgender Workers

Earlier this week, President Barack Obama forcefully made the case for an American economy that works for everyone in his annual State of the Union address before Congress. The economy, however, is not working for far too many gay and transgender workers, who continue to face staggeringly high rates of discrimination on the job or when seeking employment.*

Fully 42 percent of gay workers say they have experienced employment discrimination, while 90 percent of transgender individuals report being harassed, mistreated, or discriminated against on the job. Yet studies confirm that workplace equity for gay and transgender employees is good for the bottom line of businesses large and small.

Unfortunately there is currently no federal policy that makes it illegal for private companies to fire people simply because they are gay and transgender. That needs to change.

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Corporations Sued For Gender Discrimination Against Women And Men

Society norms, rules, and roles instruct and encourage men to value (or devalue) women even in the United States even where there are anti-discrimination laws in place to discourage such attitudes.

In the workplace, women are frequently subjected to subtle discrimination by both sexes. Qualified women may be passed over for promotions because they become pregnant(pregnancy discrimination) or because they might become pregnant (gender discrimination.) Jobs may be offered to a less qualified male applicant just because he is male.

Women are also more likely to be judged by their looks and how they dress than are their male counterparts. On a note of contradiction, women are not only discriminated against for being “pretty” or “provocative” they are also discriminated against for being not pretty enough, too old, or, in some positions (especially sales and public relations) for not being sexy enough.

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Supreme Court Hears Arguments in Workplace Discrimination Case That Could Impact Campuses

The U.S. Supreme Court heard arguments yesterday in Vance v. Ball State University, a case that could decide who can be considered a “job supervisor” in a federal workplace discrimination lawsuit.

The suit was filed by Ball State catering worker Maetta Vance, whose discrimination claim against the university was dismissed after a federal appeals court said her alleged harasser did not qualify as a supervisor.

Unusually, both sides in yesterday’s hearing agreed the appeals court used the wrong legal standard for defining a job supervisor, saying the lower court test was too limited and that a supervisor could also be someone with power to direct an employee’s daily work activities.

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Workplace Discrimination against Asian Americans

 It’s always challenging to find a job, earn some money, a living. But what happens if you’re a minority trying to find a job, even if you’re born here in America, with a college degree? For minorities in the workplace environment, they tend to end up getting discriminated, whether it’s directly or indirectly. It can come in the form of harassment or lower wages than the “superior” Whites.

One of the earliest discrimination against Asian Americans happened during the California Gold Rush, where so many people moved to strike it rich. This also attracted Chinese immigrants, who flocked over to California for the same reasons. Unfortunately, this wasn’t the case. As more Chinese immigrants came over, they began to take over jobs, jobs that Whites also wanted. Anti-Chinese movement was made and eventually,  Chinese Exclusion Act of 1882 was enacted. Basically, Chinese were discrimination over the fact the Whites were jealous that their “jobs” were being taken.

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Eliminating workplace discrimination brings us closer to the values of our nation

In June, a group of 37 faith organizations released a joint letter – from Jewish, Catholic, Protestant, and Muslim groups – calling on the U.S. Senate to pass as expeditiously as possible the Employment Non-Discrimination Act (S.811). This common-sense piece of legislation prohibits workplace discrimination on the basis of sexual orientation and gender identity, with broad exemptions for religious liberty.

 One of the reasons so many faith groups have publicly come out in support of ENDA is the fact that it is a profoundly moral issue: All people deserve the ability to provide for their families without having to hide who they are or worry that they will be discovered. One of the reasons we chose to issue the letter now is because of the media’s focus on those in the religious community who oppose civil rights protections for the LGBT community; they do not represent large segments of the religious community.

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Employment Opportunity Commission Ruling Protects Transgender Individuals From Workplace Discrimination

Late yesterday, the Equal Employment Opportunity Commission (EEOC) issued a comprehensive ruling giving transgender individuals sorely-needed federal protections against discrimination in the workplace. According to the ruling, employers who discriminate against employees or job applicants on the basis of gender identity can now be found in violation of Title VII of the Civil Rights Act, specifically its prohibition of sex discrimination in employment.

This ruling marks the first time that the EEOC has held that transgender people are protected from discrimination by federal law. Chris Geidner broke the story late last night in Metro Weekly.

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Pregnancy Discrimination In The Workplace Target Of New EEOC Crackdown

WASHINGTON — During the past week, the Equal Employment Opportunity Commission (EEOC) has filed four pregnancy discrimination related lawsuits and settled a fifth — just weeks after the government’s workplace discrimination law enforcement arm announced a plan to target employers who illegally discriminate against pregnant women.

On Sept. 20, a California security guard company, Quest Intelligence Group, was sued after a female employee, Tabitha Feeney, was fired from her job during her maternity leave. When Feeney tried to return to work, she was told the company had no open positions, but would call her as soon as it did. Quest never called Feeney, but hired a number of male guards while she waited to return to her job.

“Losing my job and facing a brand-new job search right after giving birth was incredibly stressful,” Feeney said in a statement. “I had a new baby to support and no income. I had planned on going back to my job, and it was devastating to lose that.”

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HIV Employment Discrimination Still an Issue in US, UK

Employment law and licensing practices in the United States and the United Kingdom are making it increasingly difficult for people living with HIV to enter the workforce, further increasing stigma and discrimination, according to two studies presented Tuesday, July 34, at the XIX International AIDS Conference (AIDS 2012) in Washington, DC.
The first study, presented by Alison Yager, JD, of the HIV Law Project in New York, focused on professional licensing practices within the United States and how broad language can often lead to unlawful denial of licenses.

Under the American with Disabilities Act, an individual with disabilities can be denied a license if he or she poses a direct threat to the health of others and this threat can’t be reasonably eliminated. After several instances in which people living with HIV were denied by licensing bodies, the U.S. Department of Justice sent a letter to the Attorneys General of all 50 states asking them to review licensing criteria and revisit language to avoid violating the ADA and the rights of HIV-positive people.

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Has racial discrimination been eradicated from the workplace?

Let’s start with the vignettes. Wind back to the 1980s. A young reporter, with a big afro and minimal experience joins a local newspaper not known for its liberalism. The early days are difficult. His performance is discussed out of earshot. “He’s just so slow and lazy, isn’t he?” says an executive, all matter of fact. “They’re all like that,” his colleague replies.

Time moves on. Said reporter pitches up at the Daily Express on a night shift. The newsroom is vast and open-planned and – in keeping with the black fashion of the day – he has shaved his hair low at the sides, leaving the bulk of it up top. He enters. The cavernous newsroom falls silent – like a western saloon bar when the stranger comes to town. He scans the room, frames something between a smile and a scowl and barks “evening” to no one in particular. The normal hubbub resumes.

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Do most states allow employers to discriminate against gays and lesbians?

U.S. Sen. Jeff Merkley, D-Ore., issued apress release recently, in support of legislation to end employment discrimination against workers who are lesbian, gay, bisexual or transgender.  S.811, the Employment Non-Discrimination Act of 2011, would also protect people who express their gender identity at work.

“Less than half of all states have legal protections on the basis of sexual orientation or gender identity, despite the fact that LGBT Americans report employment discrimination and unemployment at much higher rates than the U.S. average,” the release said.

PolitiFact Oregon was confused. Wasn’t such employer behavior already prohibited under federal civil rights law? Isn’t it the same as how employers aren’t allowed to hire, promote, pay or fire based on race, color, religion, sex, or national origin?

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More Workers Claiming Job Discrimination Over Language, Accents

More people in the workforce are claiming discrimination over their English-speaking ability or foreign accents, according to federal officials.

Workplace discrimination complaints based on national origin — which often involve language ability — rose by 76 percent from 1997 to 2011, when more than 11,800 complaints were lodged with the U.S. Equal Employment Opportunity Commission.

The EEOC attributes the trend to a more ethnically diverse labor force — about 45 million Americans speak a language other than English at home. Civil-rights advocates say workplace environments have grown more hostile in states enacting tough new immigration laws.

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Workplace Discrimination: Policies, Laws and Legislation

Under the patchwork of state and local employment law that prohibits employment discrimination based on gender identity and sexual orientation more than three of every five citizens live in jurisdictions that do not provide such protections, and they are needed.

Employers can enact their own policies to apply consistently across their organization. The line between employment protections from discrimination and protections from harassment is not clearly defined, but anti-discrimination policies typically emphasize the responsibility of the employer and anti-harassment policies emphasize the responsibility of employees. Often, anti-harassment and non-discrimination statements are wrapped into the same policy language.

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