Alabama Employment Law Report : Alabama Employment Lawyer & Attorney : Daniel J. Burnick : Sirote & Permutt Law Firm

The EEOC continues to file suits and reach settlements around the country on a regular basis.  Most recently, the EEOC announced a settlement with a Starbucks store in Arkansas as the result of disability discrimination.  According to KATV, Chuck Hannay was not hired because he has multiple sclerosis.  The EEOC said that Hannay applied for one of six barista positions, but he was never contacted and individuals with less experience and ability were hired instead.  The Starbucks store agreed to pay $80,000, and was enjoined from discriminating on the basis of disability and retaliation.  According to EEOC Regional Attorney Faye Williams, "People with disabilities should have equal opportunities for employment....This case demonstrates the EEOC's commitment to combat discrimination that prevents individuals with disabilities from taking their rightful place in the work force.

In Houston, the EEOC announced that two Sonic Drive-In franchises, with common ownership and management will pay $55,000 to settle a sexual harassment lawsuit filed by the EEOC.  According to the EEOC, the primary owner of the franchises "promoted a young, unqualified family member to consecutively higher management positions within the restaurants and allowed him to use his position of power to sexually harass the teens starting in 2006".  The EEOC also contended that this manager permitted and encouraged other male employees and managers to join in the harassing conduct.  When a 17year old female rejected the sexual advance of the manager, he became abusive to her and threatened her with a knife.  In addition to the monetary settlement, the defendants were required to develop and implement new policies and procedures for addressing illegal discrimination in the workplace, and they must be approved by the EEOC prior to implementation.  Jim Sacher, the EEOC's regional attorney, was quoted as saying:  "This lawsuit was filed in order to protect some of our nation's most vulnerable and impressionable workers-teenagers who. often are newcomers to the workplace...."

Practice pointers.  The EEOC continues to be extremely active in pursuing lawsuits and settlements  around the country.  Press releases usually accompany the filing of lawsuits and the settlement of cases, resulting in negative publicity for the companies named.  It is important to implement proper policies and procedures, and train the entire workforce on a regular basis.  This includes family members. 

As mentioned in a previous post, the EEOC is concentrating on harassment of young workers.  As we are still in the summer employment season, now is the prime time for teenagers who have summer jobs to be harassed, discriminated against and otherwise mistreated.  Again, training and monitoring the workforce is a must.

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Tyson Foods entered into an agreement with the Department of Labor to settle a a lawsuit filed in 2002 on behalf of the workers in the Blountsville plant according to Al.com.  The agreement calls for Tyson to pay $500,000 to approximately 3,000 workers for overtime wages under the FLSA for "donning and doffing" and for the time spent washing and sanitizing themselves and the items they work with.  Tyson also agreed to enter into a nationwide injunction requiring them to pay poultry processing workers for donning and doffing time.  Secretary of Labor Hilda Solis is quoted as saying "I am pleased that , as result of this agreement, poultry processing employees at Tyson Foods plants will receive the full wages that they rightfully earn and deserve."  Tyson spokesman Ken Kimbro is quoted as saying "We've decided to resolve this case and modify our pay practices for certain jobs in order to avoid the continued expense and disruption of further litigation."

Practice pointer.  There continues to be a large number of FLSA cases being filed in Alabama.  Employers should review their classification of employees and their pay practices on a regular basis to comply with the FLSA. 

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Oftentimes, when I give speeches, I tell the audience that I cannot make up stories that are stranger than what happens in real life.  Over the past several days, I came across two cases where the truth may be stranger than fiction.

In New York, Business Insider reports that Debrahlee Lorenzana filed a lawsuit against Citibank because "she is too hot".  Courtney Comstock, who wrote the article for Business Insider, reports that Ms. Lorenzana is 5'6", 125  pounds, and curvy.  Allegedly, she was told by her bosses that "as a result of the shape of her figure, such clothes were purportedly 'too distracting' for her male colleagues and supervisors to bear...". The Village Voice described her as "J.Lo curves meets Jessica Simpson rack meets Audrey Hepburn elegance-a head-turning beauty".  She complained to HR via phone and emails on a regular basis, and an HR investigation took place.  She alleges that after the investigation, things got worse. Allegedly, her clients were transferred to co-workers, and her performance deteriorated.  She received a letter putting her on probation for allegedly coming in late to work on 2 consecutive days: which apparently were a Saturday and Sunday, when the office was closed.  She was ultimately transferred to another branch, worked as a telemarketer, and was ultimately fired by a female manager, being told that the reasons for termination were her clothes at the previous branch and that she was not fit for the culture of Citibank.  The case will go to arbitration since she signed an arbitration provision when she was hired.

Practice pointer.  I suggest that you read the articles in Business Insider and The Village Voice for more details about the allegations.  Needless to say, they sound like a textbook case of sexual harassment and retaliation.  The comments, the delayed investigation by HR, emails sent to vice presidents that were ignored, the transfer, demotion and the ultimate determination to terminate her all raise questions, if the allegations are true.  Training all employees, including supervisors, as to company policies and procedures is very important, from dress code, to attendance, to anti-harassment/anti-retaliation.  Complaints of harassment must be taken seriously.

 In Georgia, the Atlanta Journal Constitution reported that  the ex-football coach at Savannah State University has filed suit alleging discrimination.  Robert Wells, the first white football coach in the 98 year old history of the  historically black university, alleges that he was fired one month after he accepted a one year contract extension because his fiance is black.  The suit also alleges that the school hurt his reputation saying he violated recruiting rules while recruiting 5 white football players.  In the lawsuit, Wells alleges that he was told that he "would never have the support of the citizens of Savannah because he is white and his fiancee is black" and that he was criticized by university officials for letting his fiancee host a "coach's show" on television, ride on a parade float with him and accompany him to away games.  ESPN's Outside the Lines did a story on the situation and there are many interesting statements made by both sides of this suit. 

Practice Pointer.  Whether the allegations made by Coach Wells are true or not, I want to emphasize that racial discrimination is racial discrimination: whether it is white discriminating against black, or vice versa.  Racial discrimination is illegal, and should not be tolerated in any workplace.

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