Social Security Attempting to Streamline Disability Application Process

Good news for disabled Americans seeking Social Security Disability status. The application process, which has a process that is legendarily slow, supposedly could be shortened to as little as 20 days under a new determination process to be rolled out by the Social Security Administration. The new procedures could cut at least nine months off the roughly three years it takes people seeking disability benefits to work through the entire process for appealing decisions when benefits are denied.
Here is the story.Categories:

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HR Strategy Issue: Avian Flu

Is your company prepared for a possible avian flu pandemic? Probably not, right? Well it is certainly an issue that I have seen popping up with greater and greater frequency in HR news sources and employment law sites that I frequent. Perhaps now would be a good time to spend a few minutes doing some reading and thinking about what a large scale pandemic might mean to your company and what kind of business continuation contingency plans would be appropriate. Here is some info to get you started: Diane Pfadenhauer has some good points here regarding three essential elements for pandemic planning: (1) Employee Relations Issues, (2) Safety/OSHA issues, and (3) Employee Privacy Issues. Canadian Broadcasting has an excellent in-depth report here that covers the issue from many different angles. (Hat tip to Michael Fitzgibbon for the link.) You can visit the Flu Wiki for a plethora of information about bird flu. (If you don't know what a wiki is, that is for a tech post some other time. For the time being, just know that this is a great source with a bunch of useful info. The Future of Work Weblog has been all over this issue for a few weeks now with stories here and here. I especially noted this link to a story on how IT professionals are preparing for a possible outbreak. And finally, here is a story on the topic from the New York Times. Not nearly as good as what you will find in the comprehensive Wiki entry above but some good general information.
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Adventures in Questionable HR Management

The cardinal rule of HR Management should always be Do Not Let Management Overreact and Make a Bad Situation Much Much Worse. This is not always easy to do. Case in point this week: Apple Computer (Disclosure: I love Apple Computer and own, much to my wife's dismay, virtually every product they have ever come out with, so it pains me to point out this questionable HR management moment but, alas, that is our job.)Apparently, Apple Computer has an employee talent show in which it invites employees to participate with there own performances. (Think of it as "American Idol" for computer programmers.) In the most recent show, a customer service rep performed a somewhat humorous poem along the lines of "Def Comedy Jam". (If you don't know what this is, stop a teenager on the street and ask them. - That's what I had to do.) Said poem made a humorous reference to leaving a rude customer on customer service hold for a very long time.

Management no likey the poem. Management fire the employee. OK, now I guess I can understand management not being completely pleased with an employee mentioning customer hold times as a part of a comical skit. To my mind it really isn't all that offensive (and not terribly unrealistic given some of the hold times I have racked up on tech support lines) but whatever, its your company. Here's the rub: Sometimes things are only a big deal because you make them so. Had management called this employee in the following week and said, "Hey, I saw your act. I know it was in the spirit of fun and everything but in the future let's not reference doing anything bad to our customers b/c that is against our company ethic, etc. etc." that would have likely resolved the issue and no one would have even remembered the comment the next day.

By overreacting (in my opinion) and firing the employee in the heat of the moment, you invite trouble. Co-employees will be upset. The event will take on more importance than it deserves and make the water cooler rounds for a few weeks. Management is open to all kinds of comments like "Think different...just don't say it." (For the uninitiated, "Think Different" is an old Apple slogan.). And....who knows what the terminated employee will do. Well, in this case, we actually do know. He used his Apple computer (which is an excellent tool for putting together slick little media pieces quickly) to produce a movie titled "Why I got Fired from Apple." He posted it on the web. And now, thousands of people get to see the performance that got this employee fired and decide decide for themselves about the professionalism or lack thereof of his comments. Thus, what was arguably an inappropriate remark made at an internal company function is now a public piece of video getting more airplay than all of Apple's Ipod ads. In short, the situation is much, much worse. Incidentally, here is the video: Nod to HR Lori for the link.Technorati Tags:Categories:

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Ever wonder what it takes to make a million dollar settlement?

Ever wonder what it takes to make a million dollar settlement happen? For starters, how about an attempted office lynching...

Charles Hickman worked at CCSI, Commercial Coating Services Inc., near Conroe, Texas. He sued his former employer for racial discrimination and harassment after verbal harassment turned into physical abuse in one of the company's restrooms. Hickman said a white colleague placed a noose around his neck in a bathroom and began choking him while co-workers watched in October 2002.

The company recently settled with him for $1 million dollars. The offending employee apparently plead guilty to assault charges and spent 9 months in jail. Frankly, I think both he and the company got off easy.Technorati Tags:Categories:

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Women in the Workplace: Having it All or "Half of it all."

Two articles in the New York Times this past week indicate that women have, generally speaking, been successful in achieving their desired carrier goals without feeling that they have completely abandoned traditional roles as wives and mothers. One big exception: large law firms.In this Op-Ed piece, Claudia Goldin writes that, contrary to conventional media wisdom, statistics show that educated women are not opting out of the workforce in large numbers. The article details a study conducted by the Mellon Foundation that surveyed more than 10,000 women and 10,000 men who graduated from one of a list of a 34 highly selective colleges between 1976 and 1981. Of these women, 58 percent were never out of the job market for more than 6-months total in the 15 or so years that followed their graduation.

"On average, the women in the survey spend a total of just 1.6 years out of the labor force, or 11 percent of their potential working years. Just 7 percent spent more than half of their available time away from employment."

On the family side, 87 percent of the women surveyed had been married, 79 percent were still married 15-years after graduation and 69 percent had at least one child.With these statistics in mind, I read with interest this article published 4 days later in the same newspaper titled "Why Do So Few Women Reach The Top Of Big Law Firms?"

"Although the nation's law schools for years have been graduation classes that are almost evenly split between men and women, and although firms are absorbing new associates in numbers that largely reflect that balance, something unusual happens to most women before they begin to climb into the upper tiers of law firms. They disappear."

According to the national Association for Law Placement, 17 percent of the partners at large national law firms were women in 2005. That number has risen only slightly in the last 10-years.The interesting point of this article is that, again contrary to conventional wisdom, women surveyed indicate that child-rearing and family concerns are not the primary reason why most of them leave large-firm practice.

Several blogs have been discussing the reasons for this exodus. Look here, here, and here.

Warning: Purely anecdotal evidence ahead:As someone who worked as an employment lawyer in a large national firm for several years, my personal opinion is that female attorneys appear to be more likely than their male counterparts to be bothered by the fact that large law firms, generally speaking, are horribly mismanaged. They run on an institutional model that is 200 years old, which serves neither its employees nor its clients as effectively as it could. Despite firms' best efforts, true mentoring in large firms is all but non-existent. (It really isn't that surprising that most large firm partners are not good mentors, being as they didn't have good mentors themselves.) Most large law firms do not really encourage associates to develop strong social ties with existing clients. In fact, many partners see any such attempts as threats to their existing client relationships. And large law firms are one of the last true bastions of rigid top to bottom authoritarian management style.

Again, based solely on my personal esperience: These are all issues that tend to bother female attorneys a great deal. Frankly, they bother a lot of male associates a great deal as well. But for whatever reason, a higher percentage of the males stay. Perhaps, the media and the researchers should be looking into why that is.Technorati Tags:Categories:

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More on Golden Parachutes

Executive compensation continues to be a hot issue with the media and the public. Here's our last post about Golden Parachute issues. Today I came across an article from the Associated Press dealing with another stealthy extension of this issue: tax payments. Turns out that not only are CEO's being awarded golden parachutes when asked to leave due to mergers or poor performance, but the companies are then paying the personal federal income taxes due on this compensation.

These tax provisions, also known as gross-ups, took root with the creation of the federal excise tax in the 1980s. The tax was intended as a deterrent against making parachutes too golden, but quickly backfired as companies responded with gross-up pledges to "make the executive whole."As the AP Article noted, the issue doesn't really seem to be about making executives whole as it does making them "a whole lot richer."Technorati Tags:Categories:

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Texas Sexual Harassment

I have long thought that one of the reasons Texas seems to have more instances of sexual harassment than some other areas of the country is our proximity to Mexico and its unfortunate traditions of that country - machismo. Just as an example, consider for a moment the fact that Mexican President Vicente Fox publicly joked earlier this year that women were "washing machines with two legs." This top to bottom sanctioning of the poor treatment of women is one of the things holding Mexico back from reaching its full potential as a country. And while we don't suffer from nearly the same degree of conduct here in Texas, a diluted form of the machismo culture does leech into the state's culture.To start to combat this backwards behavior, the Mexican Institute of Women is sponsoring a series of television public service announcements that show a man stroking the shoulder of an inflatable sex doll, while a voiceover states "No woman should be treated like an object. Sexual harassment is degrading and it's a crime."Recently, the institute also sponsored a series of controversial ads against domestic violence in which prominent female writers, actresses and academics appeared on billboards, made up to appear as if they had been severely beaten. The slogan of that campaign was "He who hits one of us, hits all of us." Perhaps if Mexico can begin to get its sexual harassment house in order, we will reap some of the benefits on our side of the border.
Here is the story from the Associated Press.Technorati Tags:Categories:

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Increased Hiring Projected for Second Quarter of 2006

30% of U.S. companies intend to increase staffing levels in the second quarter this year, according to a survey of 16,000 employers conducted by staffing firm Manpower. The report marks the ninth straight quarter that more than 20% of the companies surveyed said they plan to add staff. 6% of companies surveyed expect to reduce employment in the second quarter, while 58% expect no change.
This is certainly welcome news. Here is the release regarding the survey.Technorati Tags:CategoriesHRPolicies
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Pink Cabs - Sexual Discrimination or Good Business Sense ?

Would a ladies only car service run afoul of sexual discrimination laws in the United States? That is the question posed by an interesting article covered by Jottings of an Employers' Lawyer today. Apparently in London, there is a private membership-required car service that provides cab service to women only. The cabs are also driven exclusively by women. (And yes, they are pink - I didn't make that up.) It isn't hard to understand why in London, just like in many large cities, women might feel more comfortable getting into a cab driven by another female. (According to the article, 10 women a month are attacked after getting into a cab - and that's just in London!)Jottings is of the opinion that such a service would not work here in the states because of our sexual discrimination laws. I haven't thought enough about it to give a definitive answer but my initial take is that perhaps it could work here. Firstly, it is structured as a membership-required service, and such groups have traditionally been allowed to be single-sex (Golf, anyone?).

Additionally, I think in a situation such as this, it is very likely that the employer could show that its drivers being female is a "bona fide occupational qualification" for the job. This is a fairly restrictive test to be sure but I think the situation of providing a gender-based safe car experience is very similar to only hiring women to work in female changing rooms or in medical facilities that have only female patients, both of which have been upheld in the past.

It is an interesting question.

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Blog in Progress - Please Stand By.

As you may have noticed, we are still doing some renovations here at HR Lawyers' Blog. We have added categories to the column at the right because people search for things by category a lot more often than they do by date. Oddly enough, the major blogging engines designed for people with virtually no technical skills at all (like me): Blogger and Typepad, do not easily provide category searching. It took a little while but I found a way around this within the blogger system using their internal search engine system and some scripts that another blogger was good enough to provide. It will take some time before the older posts start to filter into the appropriate section, as I have to go through them and tag them with a category tag. New posts should end up where they need to be much quicker.All of that to say thanks for bearing with us while we continue to improve our blog experience.Technorati Tags: LegalTech_Sexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination
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Study: Accommodation of Disabilities in the Workplace is NOT Expensive

When Congress enacted the Americans with Disabilities Act (ADA) fifteen years ago, supporters hoped the equity legislation would increase disabled peoples' opportunities for employment. But, according to researchers at Cornell University, the employment rate for people with disabilities peaked around 25 percent in the 1990s before dropping below 20 percent by 2004.

The Department of Labor attributes this low employment rate, in part, to the misconception that accommodating people with disabilities in the workplace is prohibitively costly. In fact, research indicates that the opposite is true. The Labor Department's Job Accommodation Network (JAN), which helps employers hire, retain, and promote people with disabilities, has found that most workplace accommodations can be implemented at little or no cost.

An ongoing JAN employer survey, which will continue through September 2007, released preliminary findings recently based on feedback from 778 employers that had contacted the agency for information about employing people with disabilities.

The vast majority of the employers surveyed had called because they were interested in learning how to retain their employees, who on average had been employed for seven years and were paid about $13 per hour.

About half reported that implementing workplace adjustments came at no expense, and about 43 percent reported a one-time cost that averaged around $600.

Update: Fixed the link to the survey.Technorati Tags:Categories:DisabilityIssues

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Off-Topic: Happy Birthday Albert

Today is Albert Einstein's birthday. Also, today is international Pi day (3.14 - get it?). So in honor of both, we thought we would provide you with some mathematical nonsense. Go here to see Pi calculated out to 1 million places. To save space, we are only posting it out to the first few thousand or so places. Enjoy:3.141592653589793238462643383279502884197169399375105820974944592307816406286208998628034825342117067982148086513282306647093844609550582231725359408128481117450284102701938521105559644622948954930381964428810975665933446128475648233786783165271201909145648566923460348610454326648213393607260249141273724587006606315588174881520920962829254091715364367892590360011330530548820466521384146951941511609433057270365759591953092186117381932611793105118548074462379962749567351885752724891227938183011949129833673362440656643086021394946395224737190702179860943702770539217176293176752384674818467669405132000568127145263560827785771342757789609173637178721468440901224953430146549585371050792279689258923542019956112129021960864034418159813629774771309960518707211349999998372978049951059731732816096318595024459455346908302642522308253344685035261931188171010003137838752886587533208381420617177669147303598253490428755468731159562863882353787593751957781857780532171226806613001927876611195909216420198938095257201065485863278865936153381827968230301952035301852968995773622599413891249721775283479131515574857242454150695950829533116861727855889075098381754637464939319255060400927701671139009848824012858361603563707660104710181942955596198946767837449448255379774726847104047534646208046684259069491293313677028989152104752162056966024058038150193511253382430035587640247496473263914199272604269922796782354781636009341721641219924586315030286182974555706749838505494588586926995690927210797509302955321165344987202755960236480665499119881834797753566369807426542527862551818417574672890977772793800081647060016145249192173217214772350141441973568548161361157352552133475741849468438523323907394143334547762416862518983569485562099219222184272550254256887671790494601653466804988627232791786085784383827967976681454100953883786360950680064225125205117392984896084128488626945604241965285022210661186306744278622039194945047123713786960956364371917287467764657573962413890865832645995813390478027590099465764078951269468398352595709825822620522489407726719478268482601476990902640136394437455305068203496252451749399651431429809190659250937221696461515709858387410597885959772975498930161753928468138268683868942774155991855925245953959431049972524680845987273644695848653836736222626099124608051243884390451244136549762780797715691435997700129616089441694868555848406353422072225828488648158456028506Nod to Paul Schorn for the tip on Pi Day.Technorati Tags:Sexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination

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HR World Wide Week in Review

Happy Monday HR fans! It's time for our weekly, round-the-web HR World in Review uber-post. If its HR-related, you'll find it here.

Let's begin:Cracker Barrel Settles Sex and Race Discrimination ChargesGood old Cracker Barrel. The company that in 1991 publicly stated it would not hire homosexuals is at it again. As Workplace Prof Blog reports, this time they are paying $2 million dollars to settle a sex and race suit brought by 51 current and former Chicago-area employees. As a part of the consent decree, Cracker Barrel has agreed to begin training employees on harassment ("begin"?!?!?!?!).March Madness Will Cost Employers $3.8 billion in Lost ProductivityPatricia Kitchen's The Way We Work Blog has a story calculating that if fans spend as little as 13.5 minutes of the workday from March 13 to April 16 making bets or following the games online, the country's employers could be out by as much as $3.8 billion in lost productivity. Now THAT is an expensive game of basketball.The Impact of Meth in the WorkplaceStrategic HR Lawyer had what I thought was a really interesting piece this week on the direct financial damage being done to employers by employees that use Methamphetamine. According to the article, each Meth user costs an employer an average of $47,500 annually. Ouch! Not to mention the fact that Meth users often turn to theft, fraud or forgery to fund their habit. Just what you wanted in the office.Third Circuit Rules that Employers May Not Force Employees to Do All The Work In Developing a Reasonable Accommodation Through the ADA "Interactive Process."Greater Valley Forge HR Law Link has analysis this week of the Third Circuit's opinion in Armstrong v. Burdette Tomlin Memorial Hosp., No. 03-3553, 2006 U.S. App. LEXIS 2243 (3d Cir., Jan. 30, 2006). Another opinion from a panel including now Supreme Court Justice Alito in which the court comes out in favor of the employee. As HR Law Link points out, however, this case was an easy one - The Court "confirmed what most employers already knew: a request for accommodation from an employee does not need to be a request for a specific accommodation in order to require the employer to respond, that is, to engage in the "interactive process." Employers may not require an employee to identify on his or her own, jobs within the company that fit his or her restrictions. The "interactive process requires real good-faith participation on the part of the employer.Recent IRS Warnings About Part-Time EmployeesThe Erisa Blog has an analysis of recent IRS bulletins regarding the treatment of part-time employees under qualified plans and some traps that are present for the unwary.Million Dollar Verdict ReportRoss' Employment Law Blog covers a $1.3 million dollar verdict against Associated Security Enforcement in a sexual harassment and retaliation case brought against the company by four women. The verdict included $1.2 million in punitive damages.Return to the Mommy WarsBusiness Week online had an extended version of an interview that appeared in its hard copy this week with Leslie Steiner, author of Mommy Wars: Stay-at-Home and Career-Moms Face Off on Their Choices, Their Lives, Their Families. My personal take-away from the article was more of a question as to why the media continues to frame this issue as a debate at all. Seems to me the best approach is for mommies (to use their word) to asses their work and family situation and make the best choices for their personal situation. Rather than always setting this story up as a battle of opposing views, why not focus on what employers, policy makers, and families can do to support women in their work/family trade-off decisions, regardless of whether they choose to stay in the workforce or decide that staying at home is right for them. (Not to mention the fact that there are never any daddy wars regarding this issue. Should there be? Would maternity/paternity leave be more likely to be paid leave if men were childrens primary care givers?)7th Circuit: New Cause of Action for Employers Against Employees for "Departing & Deleting"This week, Jottings by an Employer's Lawyer covered the Seventh Circuit's opinion in International Airport Centers, LLC v. Citrin (7th Cir. 3/8/06). The Court recognized a federal cause of action against an employee who deletes information from his laptop computer AND makes the deletion undetectable by use of a "secure erasure" program. More that anything, I think this case again emphasizes the emportance of good computer back-up and redundancy systems in place to guard against the danger of an angry departing employee. Once the data is destroyed, a judgment against a judgment-proof employee will be little consolation.How Not to be an Discrimination Class Action Target George's Employment Blawg discusses an article that was written by a very reputable plaintiff-side employment law group about ten major reasons why an employment discrimination class action case may or may not get certified and how companies can use these factors to help ensure their company stays out of trouble.Washington State Passes Ergonomics Statute Confined Space Blog covers passage of an ergonomics statue in Washington State this week. The new law apparently applies only to hospitals and provides a tax credit to encourage expanded use of mechanical lift equipment to assist employees.Trouble in Neverland Lastly this week, Workers' Comp Insider has the story of Michael Jackson's Neverland Ranch - It's been closed by the State of California for . . . failure to maintain a workers compensation policy for its employees (I know, you thought it was going to be a more colorful reason). California 's Department of Industrial Relations has imposed fines of $1,000 per employee and his employees will not be allowed to work until he he gets another workers comp policy. So, who is going to feed the monkeys?Well that's it for our trip around the world of work for this week. Hope you found it of some use. Now, it's Monday morning...let's get to work.
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Bumper Sticker Termination

A San Diego County woman is suing her former employer, accusing her manager of firing her on the spot when she saw the woman's car had a bumper sticker advertising a progressive talk radio station. The station, KLSD is part of the Air America Progressive Talk Radio network. The suit alleges that, after seeing the sticker, the employer commented that the woman, Linda Laroca, could be a member of al-Qaida. She was then fired.Note number 1: In many states, this termination would be absolutely legal in the private employment context. Very few states forbid discrimination based on political affiliation. However, this incident occurred in California, and the California labor code prohibits employers from controlling or directing the political activities of employees.Note number 2: How does a California staff its operations if it bans liberals? (OK, that was a question more than a note).Note number 3: KLSD, the station in question, is owned by Clear Channel, the largest owner of radio stations in this country and a very strong contributor to conservative candidates. Thus, listeners like Ms. Laroca who support and therefore make money for KLSD, actually indirectly support many conservative candidates around the country. So an argument could be made that this employer's alleged illegal firing actually hurt the very causes it apparently would like to support. (Too much of a stretch? Well, maybe. But it's Friday so who cares.)Note number 4: Isn't all the press coverage this story is generating made even worse by the fact that this is a marketing company?Have a good weekend everybody.
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Employees have had enough of the "golden parachutes" for failed CEOs.

A group of Hewlett-Packard Co. shareholders are suing the company, alleging its board broke its own rules by awarding more than $42 million in cash, stock and other benefits to Carly Fiorina after she was dumped as CEO last year.The suit threatens to put HP in the uncomfortable position of defending the lucrative package given to Fiorina as its new CEO, Mark Hurd, strives to cut more than 15,000 jobs to help boost the Palo Alto-based company's profits.Fiorina, who was terminated on February 8, 2005, was paid $21.4 million in cash, including a $14 million payment the company described as severance, and $7.4 million as her pro rata share of a three-year incentive program whose conditions she had not yet completed. In addition, she left the company with about $19 million worth of restricted stock and options, according to the suit.Michael Barry, a Wilmington, Del. attorney representing shareholder interests in the case, described Fiorina's severance package as a prime example of corporate America's penchant for overindulging top executives at its owners' expense.Here's the story from MSNBC.And here is the profile of the lead plaintiffs' attorney.

Update: Jottings by an Employer's Lawyer has an entry on the same topic with some links to related information here.

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Former Hooters girl takes chain to court for disability discrimination.

The U.S. Equal Employment Opportunity Commission filed the discrimination suit Tuesday against Hooters of America, Inc. on behalf of Melissa Vicari, a 30-year-old woman with multiple sclerosis. Vicari says Hooters refused to accomodate her illness despite receiving medical clearance from her doctor. The shorter shifts she requested would be given to other waitresses.

Because Vicari suffers from MS, some of her symptoms include fatigue, muscle numbness and pain. Before she was fired, Vicari says Hooters demoted her from a waitress to a hostess, which put more strain on her body because she was never allowed to sit down.

Here is the story.Technorati Tags:Sexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination

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Jury: FedEx must provide sign language interpreter to deaf package handler.

This week a federal jury found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in its employment discrimination lawsuit against FedEx for violating the ADA. EEOC had charged that FedEx failed to provide a reasonable accommodation to Ronald Lockhart, a profoundly deaf employee who worked as a package handler at the company's Baltimore, Maryland Ramp facility.

The suit charged Federal Express with violating the ADA when it failed to provide reasonable accommodations to Lockhart in the form of American Sign Language interpreters, despite his repeated requests. The jury found FedEx liable for punitive damages in the amount of $100,000 for its knowing failure to accommodate Lockhart as well as compensatory damages of $8,000 for the loss of the accommodation itself.

Here is the agency's press release.

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HR Week in Review

The amount of quality HR-related information available on the web these days is truly staggering...and increasing every day. So how is an HR guru such as yourself supposed to keep up? Well, have no fear - The HR Lawyers' Blog is here to help. In our new Monday feature, "HR Week in Review" we will circumnavigate the web and bring back for you as much HR-related goodness as we can carry. So, in no particular order, here is the HR Week in Review:We begin with a report from the Workplace Prof Blog that the total number of major workplace lockouts and strikes increased in 2005, according to the U.S. Department of Labor's Bureau of Labor Statistics. The total number of lockouts and strikes increased from 17 in 2004 to 22 in 2005. Also at WPB, a review of a New York Times article that asks "Is the Gender Revolution at Work Over?" For four decades, the number of women entering the workplace grew at a blistering pace, fostering a powerful cultural and economic transformation of American society. But since the mid-1990's, the growth in the percentage of adult women working outside the home has stalled, even slipping somewhat in the last five years and leaving it at a rate well below that of men. Initially viewed by many experts as simply a pause in the longer-term movement of women into the work force, social scientists are now engaged in a heated debate over whether the gender revolution at work may be over. Read more here.

The Fortune Best 100 Companies to Work For is out. Quick, check and see if you're on the list!Strategic HR Lawyer (which is sporting an excellent new web design) has analysis of a judicial decision holding that when an employer has notice that one of its employees is using its work computer to access pornography, it has the obligation to investigate and put a stop to it. Certainly companies have always considered it a best practice to quash this type of behavior. The increasing direction of the courts to hold companies liable for doing so, however, is something new.Future of Work Blog has an excellent entry on something that everyone in the HR world is talking about these days: the talent shortage that is impacting companies around the globe and threatening the health of the economy. In his entry, Jim Ware ties together all the aspects of this issue, from its effects on immigration policy to its obvious (but not easy to achieve) solution: education, and includes links to some excellent source material. This is a definite must-read, in my opinion.

Immigration seemed to be a recurring theme last week. Jottings of an Employer's Lawyer has this article predicting an increase in the "criminalization" in this area for employers who are dependent on immigrants for the continued operation of their businesses. In Jon Coppelman's article, "A Note to Fellow Immigrants" at the Workers' Comp Insider the issue is addressed in a very thorough and personal way. Two important notes from the article: (1) It's neither feasible nor desirable to deport 11+ million undocumented people and their families; and (2) Undocumented workers are an important part of our economy. If they disappeared tomorrow, we would all suffer the consequences.

Susan M. Heathfield of About.com's Guide to Human Resources, has this useful article: Top 10 Ideas About What Employees Want From Work: Employee Motivation. It contains links to a series of interesting articles. One that I found a little too on the nose: "What People Want From Work: Employee Motivation and Positive Morale", the subtitle of which is "Work IS About the Money." Jottings by an Employers' Lawyer, Ross' Employment Blog and Workplace Prof Blog all provide excellent coverage of an opinion out of the 5th Circuit ( IBEW v. Mississippi Power & Light) dealing with the burden of proof in disparate impact cases. Specifically, the issue is who has the burden of proof on the issue of the availability of a less discriminatory alternative employment practice in a disparate impact case. The 5th Circuit joins two other circuits in holding the burden is on the plaintiff. There is currently a split in the circuits, however, as the 8th Circuit has held the opposite.George's Employment Blawg has an article discussing whether Coming to Work Late [is] a Reasonable Accommodation? What follows is a thoughtful discussion of the fact that schedule changes are likely to become increasingly common as requested accommodations for people with disabilities and whether the law should recognize same.

Lastly, the New York Times has a very interesting article titled: "Computer Technology Opens a World of Work to Disabled People." The article is an excellent and inspiring story of how modern technology is allowing individuals with very serious disabilities to become valuable employees to those companies with the good sense to accept them into their ranks.

Well that's it for our trip around the world of work for this week. Hope you found it of some use. Now, it's Monday morning...let's get to work.

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Internet Job Interviewing

George's Employment Blog put us on to a company that is offering online internet interview services. Called Hirevue, the company provides a website that candidates can log into and answer set questions that you provide to the company through a web camera. Hirevue records this video and delivers it to the hiring manager or HR officer for review in, what appears to be a fairly well designed user interface.

This would certainly be useful for interviewing job candidates from all over the country, especially if your business would rather not pay to fly 10 or 15 candidates in for an in-person interview. We haven't learned anything about the pricing yet but if its right then this could be a pretty useful product.

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Family Dollar hit for $19 million verdict in wage claim

Family Dollar Stores says it plans to appeal today's jury verdict against it. A jury in Tuscaloosa, Ala., on Friday found that Family Dollar should have classified a number of its store managers as hourly employees who would have been entitled to overtime pay, rather than as salaried managers. The court handling the case awarded damages of about $19.1 million, plus legal fees.

Here is the story at BusinessWeek Online.

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Guidant sued by 61 former employees for age discrimination.

In 2004, Guidant laid off more than 700 workers. According to an ADEA lawsuit filed this week in Minnesota, over 60 percent of those workers that were laid off were 40 or older. This compares to the company's overall workforce before the layoff; less than 50 percent of which were in the over-40 category.

The lawsuit alleging age discrimination was brought by 61 former employees, who allege that Guidant used the mass layoff to reduce the number of its older and higher-paid employees. Added to the mix is the fact that the layoff came while the company was in secret negotiations to sell itself to Johnson & Johson.

Guidant has been in the news over the past year or so b/c it faces class action litigation brought by users of its defibrillators and pacemakers that had to be recalled due to defects.

Here's the story from the Indianapolis Star.

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