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It's a new day for the U.S. Department of Labor, U.S. Secretary of Labor Hilda Solis told attendees at the 2009 National Policy Forum in Washington, D.C. In the course of taking several jabs at Republican administrations, Solis said enforcement of labor laws will be intensified. Solis said DOL will add 670 investigators in the next year in an attempt to return worker protection to levels not seen since 2001. Indeed, workplace discrimination filings have already skyrocketed. The EEOC says the filings increased by an unprecedented 15 percent during Fiscal Year 2008. Charges based on age and retaliation saw the largest increases while allegations based on race, sex and retaliation continued as the most frequently filed charges. Disability discrimination charge filings with the EEOC nationwide increased by 10 percent from the prior fiscal year and now stands at the highest levels in 14 years.
United Airlines has been sued for disability discrimination. The EEOC filed on June 4 a class action lawsuit in federal trial court in San Francisco alleging that the global air carrier failed to provide job transfers -- expressly listed as a reasonable accommodation under the ADA -- to employees who became disabled during their employment with the airline. Click here for full story.
Federal lawmakers have introduced several bills to enlarge worker benefits. Bills have been introduced in both the House of Representatives and the Senate outlawing mandatory arbitration. The bils aim to make the mandatory arbitration provisions found in employment, consumer and franchise agreements unenforceable. Congressional Democrats in both the House and the Senate have introduced bills that would guarantee workers seven days of sick leave. A Florida Congressman, whose district includes Disney World, has introduced a bill that would require employers with at least 100 employees to offer one week of paid vacation after one year of service. The House has voted to allow federal employees four weeks of paid leave for the birth or adoption of a child. And, finally, bills to allow federal workers to telecommute are under consideration in both the House and the Senate. Rep. John Sarbanes, D-Md., is the lead sponsor of the House telework bill. Sarbanes, who commutes daily between Baltimore and Washington, said he wants the bill on the books regardless of what administation is in power.
The U.S. Senate Judiciary Committee has voted in favor of Judge Andre Davis' promotion to the 4th U.S. Circuit Court of Appeals as well as for Justice Department nominee Thomas Perez's return to the Justice Department. Perez currently serves as the Maryland Labor Department Secretary. The full Senate has yet to vote.
A federal trial judge has thrown out the discrimination claims of three real estate agents who said their former supervisor discriminated against them. But, in the process, the 4th Circuit judge adopted a prima facie test for Section 1981 discrimination claims used in the 8th Circuit.
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Compensation for "donning and doffing' -- a contentious issue for employers -- also seems to be contentious for Maryland's federal trial judges. Two judges recently took on the issue and came down on separate sides of the issue. Judge Andre Davis has ruled that a poultry plant has to pay its workers for the time they spend "donning and doffing" protective work gear. Although attorneys for Mountaire Farms said they will appeal, the ruling could subject the company to $875,000 in damages. Davis's April 2009 decision is at odds with one recently issued by Senior Judge Marvin J. Garbis. Garbis, who sits on the same court, dismissed a class action donning-and-doffing case in September 2008, ruling that Allen Family Foods did not have to pay its workers. Click here for full story.
Big Vanilla Athletic Club has agreed to pay $161,000 to settle a lawsuit brought by the EEOC alleging sexual harassment and retaliation against several female employees. (The complaint in this case is available to subscribers at no charge).
A Phoenix, Md. horse farm has agreed to pay $180,000 to settle a sexual harassment and retaliation lawsuit brought by a farmhand. Lindsay Donovan alleged that Fitzhugh Farm subjected her to sexual harassment and then fired her after she complained. (The complaint is available at no charge to subscribers.).
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