EEOC: Employers, be Proactive vs. Workplace Harassment

Thirty years ago, the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v. Vinson that workplace harassment was an actionable form of discrimination prohibited by Title VII of the Civil Rights Act of 1964. Several examples of common harassment and discrimination that take place in the workplace are sexual harassment, pregnancy discrimination, racial discrimination, and age discrimination (under the Age Discrimination in Employment Act or ADEA). Recently, the EEOC issued a report encouraging employers to be more proactive in preventing workplace harassment.

In January 2015, the Equal Employment Opportunity Commission created a Select Task Force on the Study of Harassment in the Workplace (“Select Task Force”). This Select Task Force spent  18 months examining the myriad and complex issues associated with harassment in the workplace. In June 2016, the Select Task Force  published its findings. The report calls for employers to “reboot” workplace harassment prevention methods. The report also outlines statistics, risks and administrative recommendations.

The study encourages employers to assess their workplaces for the risks associated with harassment, survey employees. Further, the report urges employers to hold accountable managers and supervisors for preventing and reacting to grievances while also actively promoting diversity.

Interestingly, the report also states that employers should be wary of “zero tolerance” anti-harassment policies that are used as a one-size fits all model. Rather, any discipline that might result from such policy violations should be proportionate to the offense.

Additionally, the report finds that employers should also consider including a social media policy that ties into their anti-harassment policies.  The downside to this however is that the National Labor Relations Board has released guidelines on drafting and updating social media policies. Some cases have held that such a policy may violate an employee’s right to engage in protected concerted activity.

In conclusion, the findings state that the name of the game is truly harassment prevention. This may prove challenging as labor and employment laws are not logical and often do not follow common sense. To this end, seeking experienced legal counsel is critical.

Should you have questions, or wish to seek counsel, call Gilbert Law Group today at (631)630-0100.

WHAT COULD BROWN HAVE DONE FOR RELIGION? EEOC BRINGS CLASS-ACTION RELIGIOUS DISCRIMINATION LAWSUIT AGAINST UPS, Contributed by Michael B. Engle

In a continuation of its evident agenda to expand protections for religious discrimination, the EEOC has set its sights on the UPS. United Parcel Services (UPS) prides itself in being masters of logistics. UPS drivers are encouraged to take three right turns instead of one left turn in order to not have to idle in traffic, are taught how to buckle their seat belts while starting their trucks in order to save time, and are held accountable for almost every action they take while on the job. In its pursuit of uniformity, UPS also has a dress code and grooming policy for its employees, but according to the U.S. Equal Employment Opportunity Commission (EEOC), UPS is unlawfully stalling on accommodating some of its drivers’ sincerely held religious beliefs. Discrimination based on religion has become a developing area of workplace law.

Last June, the EEOC won a Supreme Court case against Abercrombie & Fitch, on behalf of a young Ms. Samantha Elauf, of Tulsa, OK. In Elauf’s case, she interviewed for a position while wearing a hijab (a head covering, as worn by some Muslim females), and was not hired. Abercrombie claimed that it could not accommodate the hijab without compromising their “look book” to which its employees must adhere, but the EEOC prevailed, on the theory that this practice unduly discriminated against Muslims, in violation of Title VII of the Civil Rights Act of 1964.

 The EEOC’s new Title VII claim against UPS is a class action claim, on behalf of Muslim, Rastafarian, and other employees who have been injured by UPS’s strict grooming policy. As UPS’s policy currently stands, male supervisors, as well as male truck drivers who interact face-to-face with customers, are prohibited from wearing beards and from growing their hair below collar length.

 The EEOC cites anecdotes from two victims. In 2005, a UPS hiring official in Rochester, NY alleged told Bilal Abdullah, a Muslim, that “God would understand” if he shaved his beard to get a driver helper job, and could instead seek a package handler job that required no customer contact. UPS hired him for neither position. Meanwhile, in Fort Lauderdale, FL, a Rastafarian part-time load supervisor claims that his manager “didn’t want any employees looking like women,” in objection to his dreadlocks.

 While UPS currently claims that it “is confident in the legality of its employment practices,” it is imperative that employers act carefully in order to avoid litigation. If you feel that your employer’s rules discriminate against your religion, or if you are the employer and want guidance in your policies, contact the Gilbert Law Group today, (631)630-0100.