Lawsuit Case: Religious Discrimination

Taco Bell Operator Pays $27,000 to Resolve EEOC Religious Discrimination Lawsuit

Fayetteville Restaurant Fired Worker Over Religion-Mandated Long Hair, Federal Agency Charged

RALEIGH, N.C. – Family Foods, Inc., a North Carolina corporation that operates a chain of Taco Bell restaurants in eastern North Carolina, will pay $27,000 and furnish other relief to resolve a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the lawsuit, Christopher Abbey is a practicing Nazirite who, in accordance with his religious beliefs, has not cut his hair since he was 15 years old. Abbey worked at a Taco Bell restaurant owned by Family Foods in Fayetteville, N.C., since 2004. Sometime in April 2010, the company informed Abbey that he had to cut his hair in order to comply with its grooming policy. When Abbey explained that he could not cut his hair because of his religion, the company told Abbey that unless he cut his hair, he could no longer continue to work at its Taco Bell restaurant.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which requires employers to attempt to make reasonable accommodations to the sincerely held religious beliefs of employees as long as this poses no undue hardship. The EEOC filed suit in July 2011 in U.S. District Court, Eastern District of North Carolina (Civil Action No. 5:11cv00394) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to monetary damages, the two-year consent decree resolving the suit requires Family Foods, Inc. to adopt a formal religious accommodation policy and conduct annual training on Title VII and its prohibition against religious discrimination and retaliation in the workplace. Family Foods, Inc. will also post a copy of its anti-discrimination policy at all of its facilities.

“No person should be forced to choose between his religion and his job when the company can provide an accommodation without suffering an undue hardship,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District, which includes the Raleigh Area Office, where the original charge of discrimination was filed. “We are pleased that, in resolving this case, Family Foods is taking action to ensure that it fulfills its obligations toward its employees under federal law.”

Tina Burnside, supervisory trial attorney for the EEOC’s Charlotte District, added, “The EEOC will continue to litigate cases where employers fail to meet their obligations not to discriminate.”

The EEOC is responsible for enforcing federal laws prohibiting discrimination in employment. More information about the EEOC is available on its website at http://www.eeoc.gov/.

Post-Accident Procedures for CMV Incidents

The first steps taken following an accident involving a commercial motor vehicle are extremely important. Here's a quick review of post-accident procedures that can protect employers and drivers.

 

Employers who have trucks on the road should make sure their drivers know the proper procedures for handling accidents. Basic rules include the following:

• Drivers should immediately stop their vehicle after an accident of any kind. They should never leave the scene of an accident.
• Drivers should immediately activate flashers. If it’s possible to move the truck, it should be pulled off the road or as far to the side as possible to prevent further collisions.
• If the driver is injured, he or she should remain in cab (unless necessary for safety) and wait for emergency medical assistance to arrive. Moving could cause further injury.
• If the driver is uninjured, he or she should check the accident scene for others who might be injured.
• Drivers should notify authorities, calling 911 or the highway patrol.
• It's also important to take steps to prevent further collisions and injuries. Uninjured drivers should set out reflective triangles or flares to warn other traffic.
• In some cases it may be necessary to deal with an emergency situation such as a fire or hazardous material spill. Drivers should check their vehicle to make sure no emergency situation exists.
• Drivers should also try to assess any damage to the vehicle and/or the cargo.

Drivers should report the accident to their employer at the earliest opportunity, answer questions, and provide the following information:

• Location of the accident
• Description of the driver's condition—for example, OK or injured, able to continue driving, and so on.
• Extent of damage to vehicle and/or cargo
• Any assistance needed—for example, a tow truck or another truck to transfer cargo

Warning Devices

 

Warning devices such as flares or reflective triangles should be positioned properly to warn other drivers of an accident.

• The first device should be positioned in the direction of approaching traffic, within 10 feet of the last vehicle involved in the accident, and on the traffic side. No flame-producing signal should ever be attached to any part of a truck or another vehicle!
• A second device should be placed about 100 feet behind the accident scene, facing approaching traffic, and in the center of the lane or shoulder where the truck and other vehicles involved in the accident are stopped.
• The third device should be placed about 100 feet in front of the accident scene and facing traffic approaching from the other direction.

Employees are protected from unfavorable treatment related to his or her race, skin color, national origin, gender, disability, religion, or age.
Workplace discrimination can occur during any phase of employment. The most common claims are related to either hiring or firing. However, discrimination extends beyond hiring and firing as it can and does occur in any facet of employment.

Examples of discrimination:Denying certain individuals employment

• Denying certain employees compensation and/or benefits
• Overlooking certain employees when issuing promotions
• Restricting use of certain company facilities

It's important for employers not to treat individuals / employees differently based on legally protected personal traits. Take the time to train your staff to ensure compliance and fair treatment of all employees.

 

Trend highly recommends visiting the EEOC website to learn and understand the various types of discrimination prohibited by the laws. Click the link for details: http://www.eeoc.gov/laws/types/index.cfm

Can You Access Employees’ Personal Devices at Work?

Legality of Accessing Personal Devices


Your company can manage the risks associated with BYOD (Bring your Own Device) by adopting policies and agreements that fit your risk tolerance, trust assessment, and regulatory context. However, the only way to guarantee your right to access all information on a device is to own the device. In 2010, the U.S. Supreme Court held that employers have the right to access all communications on corporate-issued devices.

However, the Court didn’t address a company’s right to access information on personal devices. Therefore, there’s inherent risk in a BYOD policy for employers who want to have access to all communications and data on personal devices used by their employees.

Mitigating Security Risks

The content of your BYOD policy (or your choice to forgo a policy) should be decided by thoroughly analyzing the following:

• The sensitivity of the information your employees handle
• The inherent security concerns in your industry
• The legal regulations you face
• Your ability to oversee and manage the use of such devices

If you decide to implement a BYOD policy, here are some important things to consider:

• Initiate a “wipe” policy. Require your employees to download software that allows you to remotely access and wipe devices. That provides protection if devices are lost or stolen. Additionally, there are software programs that can sequester work-related information into a software “sandbox,” creating a virtual folder in the personal device.
• Require written agreements. Once you locate software that fits your needs, have your employees sign a written agreement that discloses all risks associated with the software (such as information loss) and requires them to download it onto any device that will be used to access work-related information.
• Make the privilege exclusive. Allow only certain employees to have the privilege of using personal devices (exclude personnel who frequently handle sensitive data or personally identifiable information). Further, limit the type of information that’s accessible from a personal device (e.g., e-mail).
• Make device inspection a part of the exit interview. Have employees consent in writing to have their devices inspected at exit interviews. Also, obtain permission to remotely wipe the device of any terminated employee.
• Don’t allow employees to store corporate information on personal devices. Have them sign a written agreement that they will not store any corporate information on their personal devices.
• Require employees to produce their devices for inspection. Have them sign a written agreement that they will turn over their personal devices for inspection upon a legitimate request.

BYOD Bottom Line

 

Although dual-use devices have resulted in difficult legal and security issues for employers, you can mitigate the risks by implementing a properly crafted policy and using privacy software. However, because the law on this issue is not settled, before creating a BYOD policy you should contact an attorney to be sure that you fully understand all risks involved in such a policy.

From personal device rules to terminations to intermittent leave and accommodations, there’s a lot for your supervisors and managers to stay up on.

Exercise Excuses

May is National Physical Fitness & Sports Month, so it’s a good time to discuss the reasons why your employees don’t "get off the couch, and get active!" Offer them practical tips to overcome those excuses.

 

Undoubtedly, your employees know they should be exercising more. They've been hearing this since they were children competing for the President’s Physical Fitness Award that physical activity is good for them. But do they claim easier said than done? Do they promise to have the best of intentions but then not follow up? Unfortunately, intentions don’t burn calories! So what exactly are your employees' excuses for not exercising?

Here are five common barriers to exercising—along with possible solutions from the Weight-control Information Network (WIN), an information service of the National Institutes of Health:

1. I don't have time.

• Give exercise the same priority you give brushing your teeth or taking a shower. You do those things to stay healthy, and exercise is just as important!
• Schedule active chores every day, such as vacuuming, raking, or washing the car.
• Make family time active with walks, ball games, bike rides, etc.

2. I'm too tired at the end of the day.

• Incorporate exercise into your day. Take the stairs. Park at the far end of lots when running errands.
• Find another time to exercise, such as before work or at lunch time.

3. It's boring.

• Find activities you like. You're not obligated to use a treadmill—or to stay inside. Try a new sport. Get out in the fresh air.
• Make it social. Plan activities with friends or an exercise buddy.

4. It's expensive.

• Choose free exercise. Gardening, walking, dancing, shooting hoops, tossing a Frisbee in the park—these are all free and burn calories.
• Look for discounts. Perhaps your community gym is cheaper than the national chains. Maybe your workplace offers discounted memberships.

5. No one I know exercises.

• Lead by example. Get out there faithfully, and inspire your loved ones to get active, too!

Why It Matters

• According to WIN, if you’re a male over the age of 40, a female over the age of 50, or have health conditions, such as heart disease, high blood pressure, diabetes, osteoporosis, or obesity, consult with your health professional before beginning an ambitious exercise program.
• Meanwhile, you can start walking today.
• Even 10 minutes of physical activity a day can improve overall health.

Better Management = Better Employees

If you fail to practice being a *manager to your employees then don't point the fingers just at them when they're not performing well. You have manager at the end of your title, or as you title, and with that comes the responsibility to train, motivate, develop, counsel and communicate with your staff. When you fail to do these things then you will lose respect, employee morale, positive performance and your just as much to blame if not the sole problem with why your staff is underperforming.
Step up and be a better manager and you'll find that the reward will be well worth it and definitely not a waste of your time! It is true, better managers create and maintain better employees.
So here are a few simple tips you should follow to become a better manager:

1. Treat Employees the way you want to be treated.
2. Say "Thank You" and recognize a good job.
3. Get to know your employees. This makes them feel valued.
4. Keep an Open Door Policy. If they're afraid to talk to you then you've failed.
5. Ask for help! Just because your the "manager" doesn't mean staff can't help you.
6. Follow the rules by setting an example. You can't tell them not to do something if you're doing it!
7. Enforce the rules. If they know you won't follow up or discipline them then it'll only get worse.
8. Set expectations up front and ensure follow up.
9. Be consistent. Employees appreciate consistency and it allows them to be more accountable.
10. DOCUMENT your actions! This is your best friend as a manager with reviews, counsels and terminations.
11. No retaliation! Be professional at all times and don't allow emotional involvement to cause bad decisions.

Being a better manager is super easy and these tips can and should be followed by all managers. If you find that you could work on one or more of these areas then start today! You'll be surprised of the success.
Remember, better managers = better employees.

Charge Up Your Workers About Battery Safety!

Forklift batteries are the most common type of lead-acid rechargeable battery used in the workplace. However, injuries and death can occur in any workplace where batteries are charged and changed out to power a piece of machinery or equipment.

 

If your workers are involved with or around the process of changing out and charging these batteries, they should know that they are exposed to potential chemical and electrical burns and explosions, as well as the possibility of injuries from dropping heavy batteries.

 

Explain to your workers that batteries pose a hazard because:

• They are very heavy, weighing as much as 2,000 pounds.
• They contain corrosive sulfuric acid, which can spill when servicing or changing batteries.
• Contact with battery cells can cause electrical short circuits that can burn unprotected skin.
• When being charged, batteries can give off highly explosive hydrogen fumes.

Emphasize to your employees that if their job tasks include doing battery maintenance and inspection, they are exposed to the most severe hazards. For example, fires and explosions have occurred in battery-charging areas when undetected ventilation failures permitted the buildup of hydrogen gas. Explain to your workers what ventilation system is in place along with the inspection protocol. Also, describe the hydrogen detection alarm if your organization has one installed.

 

Train workers to follow these safe work practices when charging batteries:

• Batteries should be stored in specially designed and designated areas. Charge batteries only in the designated battery-charging area.
• Be especially cautious when maneuvering lift trucks in the battery-charging area. Puncturing a battery or charger with lift-truck forks could result in electrical shock or a spill of acidic electrolyte.
• Do not smoke in the charging area.
• Do not create or allow open flames, sparks, or electric arcs in battery-charging areas.
• Know where the eyewash station and safety shower are located and how to use them.

Instruct your workers that when they're handling batteries, they must:

• Make sure equipment for flushing and neutralizing spilled electrolytic solution is in place.
• Check that protection equipment, such as fire extinguishers, is nearby and functional in case hydrogen gas becomes ignited.
• Before moving any battery, check to make sure that all the vent caps are in place to prevent electrolyte from sloshing and spilling out when the battery is moved.
• Properly position the truck and apply the brakes before attempting to change or charge batteries.
• Use a lifting beam, battery cart, or equivalent material-handling equipment when lifting and transporting the battery.

When workers are charging batteries, they must:

• Wear safety goggles designed for working with acidic liquids in case the electrolyte bubbles or sprays up.
• Wear a face shield to protect the face from the electrolyte.
• Wear neoprene or rubber gloves that resist the acid of the electrolyte and protect hands.
• Wear a neoprene or rubber apron to protect clothing and skin from the acid.
• Remove all metallic jewelry before beginning recharging.
• Keep tools and other metallic objects away from the top of batteries. Do not lay metallic objects on top of batteries.
• Always follow the recharger manufacturer's recommendations for attaching and removing cables and properly operating the equipment.
• Unplug and turn off the charger before connecting or disconnecting the clamp connections.
• Attach the positive clamp (+, usually colored red) to the positive terminal first, and then the negative clamp (–, usually colored black) to the negative terminal, keeping the proper polarity.
• Make sure the vent caps are functioning.
• Leave the battery (or compartment) cover(s) open to dissipate heat.
• Turn off the charger if the battery becomes hot or the electrolyte fluid comes out of the vents. Restart charging at a lower charging rate.
• Check the electrolyte level before recharging. Record the specific gravity with the hydrometer in the service log. Check the pilot cell.
• Always pour concentrated acid slowly into water. Never pour water into acid.
• Do not add water before recharging. Check the water level after charging. Add distilled water or deionized water (NOT tap water), if necessary, according to the water level indicator. Record data in service log.
• Check the voltage. If the battery has sealed vents, do not recharge with a current greater than 25 amperes.
• Check the indicator on the hour meter to see that the battery is fully charged.

This training is best conducted in the battery-charging area itself, if possible, so that you or a volunteer can demonstrate how to do all these tasks, including donning and fitting the required personal protective equipment (PPE).

 

Why It Matters

• Battery changing and charging is dangerous work.
• It is vital for workers to follow safe work procedures to prevent fires and explosions and wear PPE to prevent burns, serious injuries, and even deaths.
• You must train them in the hazards and preventive measures.