EEOC Remains Active in Alabama and Other New Developments
The EEOC announced another large settlement involving a large Alabama company. The EEOC issued a press release on July 1 announcing a $100,000 settlement with McGriff Industries, a Cullman company, to settle a racial harassment and retaliation lawsuit filed by the EEOC. According to the EEOC, "certain employees and managers in the Cullman facility routinely used racially derogatory comments, slurs, and insults directed at or about African-Americans. The racial misconduct escalated to threats and intimidation, including a derogatory threat to cut one of the black employees. White and black employees were offended by the racial misconduct, but were rebuffed and retaliated against -- one employee was terminated and another had his work assignments changed -- when they complained."
Practice pointer. Training. Training. Training. Supervision. Supervision. Supervision. I don't need to say any more.
Health Care Reform amends FLSA to require breastfeeding breaks. Nursing mothers are now allowed to take a reasonable break when they need to express breast milk, and employers are required to provide a private location, other than a bathroom. This applies for up to one year after the child's birth. Employers with less than 50 employees are exempt if "an undue hardship" would be imposed by causing the employer significant difficulty or expense.
Practice pointer. As the Obama administration continues to put it's mark on the workplace with new laws and regulations, this is just another one that is now in place and imposes new obligations on employers.
FMLA claim for depression rejected. The 8th Circuit, in the case of Kobus v. The College of St. Scholastica, Inc. found that an employer has no obligation to reasonably accommodate an employee under the ADA when the employee did not inform the employer that he needed an accommodation. Kobus was a painter for the college, and due to personal and family issues, was diagnosed with depression and prescribed Paxil. He told his supervisor that he was suffering from stress and anxiety, but did not mention the diagnosis of depression. When he told his supervisor that he needed time off work to deal with his stress, the supervisor placed a FMLA from Kobus's mailbox. Kobus responded that he did not need leave. Shortly after, Kobus was written up for excessive absenteeism. Kobus then asked for "mental health leave" and his supervisor again asked if he wanted FMLA leave, and Kobus advised him that he did not have a doctor to fill out the FMLA form. Kobus submitted a letter of resignation and received 2 weeks severance. Kobus never mentioned depression or his medications and did not mention his condition or FMLA leave during his exit interview. Kobus then sued the College claiming he was forced to resign and he was denied his FMLA rights and was discriminated against under the ADA. The trial court dismissed these claims on summary judgment, finding that Kobus did not pursue FMLA leave and "in fact, expressly rejected it", and that the ADA claim was due to be dismissed since he never informed the College that he needed a reasonable accommodation due to a disability.
Practice pointer. This decision demonstrated the need to train supervisors on various laws that apply in the workplace, including FMLA and ADA. The supervisor, even though no mention was made by Kobus for FMLA leave, offered to treat it as such, and Kobus refused. The Court further found that the ADA was not violated since Kobus never informed the College that an accommodation was needed.
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