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| The information
provided herein is general in nature and designed to serve as a
guide to understanding. These materials are not to be construed as
the rendering of legal or management advice. |
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Inside this Issue:
Sharp Increase in Retaliation Claims May Result From
Supreme Court Ruling
A recent ruling by the U.S.
Supreme Court makes it easier for employees to assert claims of illegal
retaliation in the workplace. The case involved an employee who claimed
retaliation when she was reassigned to a more arduous job and suspended for 37
days without pay after she complained to company officials about her
supervisor’s sexual harassment. The unanimous decision means employers must be
extra cautious in taking any action against an employee who has filed a
discrimination or retaliation claim under Title VII of the Civil Rights Act.
Background
Shelia White was a forklift
operator for the Burlington Northern and Santa Fe Railway Company and the only
female working in her department. She complained to company officials about her
supervisor’s comments, including repeatedly telling her that women should not be
working in that department and making insulting and inappropriate remarks to her
in front of her male coworkers. After an investigation, the supervisor was
suspended and ordered to attend sexual harassment training. White was
reassigned to a previous position she had held as a track laborer, a more
physically demanding and “dirtier” position. Her pay and benefits remained the
same.
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Regular, Reliable Attendance
Essential Part of Job
According
to a recent 8th Circuit Court of Appeals
decision, regular attendance is an essential function
of a job, even when the employee’s absences are for
legitimate medical and personal reasons.
James
Schierhoff worked for GlaxoSmithKline (GSK) as a packaging
mechanic until April of 2002, when his employment was
terminated for excessive absenteeism. Prior to that,
Schierhoff had been absent from work for various medical and
personal reasons, including FMLA leave during both 2000 and
2001, as well as additional personal time off in each year.
Between
June of 2000 and March of 2002, Schierhoff had “excused”
absences during a total of 172 workdays, which equated to
about 40 percent of work time in that period. In or around
April 2002, Schierhoff received a termination memo, stating
that his absences “have impaired the operation of the
department and diminished [his] effectiveness to the
company.”
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Pay Hikes for 2006 Average 3.5
Percent; Fourth Year Under 4 Percent, Survey Finds
According to a recent survey by the Conference Board, for the fourth consecutive
year annual pay raises budgeted by companies for 2006 were below 4 percent, and
were expected to remain at that level in 2007. Average salary increases this
year were 3.5 percent for employee groups in most industries, including
manufacturing, retail and wholesale trade, and utilities. "Moderate inflation
has allowed employers to continue to control payroll costs," Charles Peck,
Conference Board compensation specialist, said. "This continued control is
reflected in the pattern of salary increase budgets this year compared with last
year's projections."
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One Summer Webinar Remaining
There is
still time to sign up for the last class in HR-OneSource’s
summer webinar series covering human resource topics. The
August 23 class on “Coaching Employee Performance”
will run from 8:15 – 9:00 AM (CST). All registrations must
be made in advance at least 2 days prior to the class
scheduled date. To register for the class or for further
information, contact Jeanne at 515-221-1718. The fee is $30
per class per person.
Coaching Employee Performance – August 23
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Approaching Deadlines for Human
Resource/Payroll Professionals
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Latest Department of Labor Numbers
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