Lockheed Martin faces a federal discrimination lawsuit charging that a workplace killer targeted African American workers.
In 2003, Lockheed worker Doug Williams left a diversity training class at a Mississippi plant that makes airplane components, and returned with a 12-gauge shotgun and a semiautomatic rifle. He killed 5 co-workers and wounded 8, then killed himself.
What makes this case different from many other workplace violence incidents? Race discrimination.
The lawsuit claims that Lockheed knew that Williams had created a hostile work environment against African American employees. It charges that the company knew of Williams’ threats to kill Black workers and failed to do anything.
The US EEOC, the federal agency that enforces the federal anti-discrimination laws, concluded that Williams had created a “racially charged” atmosphere. The EEOC determined that Lockheed’s reaction to the threats against African American employees was “inadequate and permitted the racially charged atmosphere to grow in intensity, culminating in the shooting of 14 individuals."
Lockheed Martin points out that white employees were also injured and killed and denies knowledge of previous threats by the killer. Some of the workers say that Lockheed could have averted this disaster by taking preventative measures.
2. Another Racial Workplace Violence Case - In another case earlier this year, the EEOC sued Consolidated Freightways and obtained $2.75 million on behalf of 12 African American employees, after white workers physically assaulted them at work.
3. Statistics - Homicides are among the top three causes of workplace fatalities for all workers, although overall numbers of these instances have actually decreased over the past 5 years, according to the Department of Labor.
4. Legal Claims - In addition to violence based on race, workplace killings also arise from other sources, such as domestic violence that spills into the workplace and violent robberies. In those cases, usually the legal claims are limited to fines under the Occupational Safety and Health Act and recovery under state law claims, such as negligent hiring and retention.
In cases involving racially motivated violence, federal anti-discrimination laws come into play and provide remedies for injured individuals.
5. Steps for Employers
Prevent, Investigate, and Correct
Prevent:
1) Policies and procedures – proactively develop policies and procedures for threats and actual violence (specific steps available at www.osha.org); train employees on personal safety and security
2) Monitor – take all threats seriously and maintain open communications with employees;
Investigate: Immediately assign trained investigator when threats arise
Correct: Take appropriate action, by enhancing workplace safety and dealing appropriately with troubled employees
6. Steps for Workers
Prevent, Report
Prevent:
Learn how to recognize, avoid, or diffuse potentially violent situations by attending personal safety training programs.
Avoid traveling alone into unfamiliar locations or situations whenever possible.
Report:
Immediately alert supervisors to any concerns about safety or security and report all incidents in writing.
7. Additional Resources
Ryan Law Firm - www.ryanfirm.com (Book: “Employment Law: An Essential Guide for Colorado Employers”).
OSHA Workplace Violence Fact Sheet, http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
OSHA - Workplace Violence: Possible Solutions,
http://www.osha.gov/SLTC/workplaceviolence/solutions.html
(c) The Ryan Law Firm, LLC 2005. All rights reserved.
Monday, March 28, 2005
Friday, March 25, 2005
EEOC Launches Spanish Language Web Site
EEOC Press Release: WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) has unveiled a Spanish-language version of its public web site to enhance its services to the Hispanic community, the nation's largest and fastest growing racial or ethnic group. The new web site, www.eeoc.gov/es/, is part of the EEOC's broader efforts to more effectively reach out to key stakeholder communities to proactively prevent workplace discrimination and promote voluntary compliance.
"This new web site will make key information about employment rights and responsibilities more easily accessible to Spanish speakers and people with limited English proficiency," said Commission Chair Cari M. Dominguez. "Having quick and easy online access to EEOC resources in Spanish will better serve the public as our nation's workplaces become increasingly more diverse."
The Spanish-language web site, which has been in development for the past year, is designed to mirror the EEOC's public web site (www.eeoc.gov) and includes many of the agency's most vital and sought after information materials. The new site will include a steady, ongoing flow of new information, updates and changes that are made on the corresponding public web site including such items as policy changes, training and seminar schedules, and any information related to new agency initiatives and programs.
The new site also fulfills requirements of Executive Order 13166 entitled Improving Access to Services for Persons with Limited English Proficiency. The Executive Order requires, among other things, that federal departments and agencies examine delivery of services to people with limited or no English proficiency and determine how to ensure meaningful access to these services. Under the Executive Order, the EEOC previously posted information on its public web site in seven different languages, including Spanish.
The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, sex, religion or national origin; the Age Discrimination in Employment Act, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and in state and local governments; and sections of the Civil Rights Act of 1991.
"This new web site will make key information about employment rights and responsibilities more easily accessible to Spanish speakers and people with limited English proficiency," said Commission Chair Cari M. Dominguez. "Having quick and easy online access to EEOC resources in Spanish will better serve the public as our nation's workplaces become increasingly more diverse."
The Spanish-language web site, which has been in development for the past year, is designed to mirror the EEOC's public web site (www.eeoc.gov) and includes many of the agency's most vital and sought after information materials. The new site will include a steady, ongoing flow of new information, updates and changes that are made on the corresponding public web site including such items as policy changes, training and seminar schedules, and any information related to new agency initiatives and programs.
The new site also fulfills requirements of Executive Order 13166 entitled Improving Access to Services for Persons with Limited English Proficiency. The Executive Order requires, among other things, that federal departments and agencies examine delivery of services to people with limited or no English proficiency and determine how to ensure meaningful access to these services. Under the Executive Order, the EEOC previously posted information on its public web site in seven different languages, including Spanish.
The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, sex, religion or national origin; the Age Discrimination in Employment Act, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and in state and local governments; and sections of the Civil Rights Act of 1991.
El EEOC Lanza Una Página Web En Español
EEOC Noticias: Enero 11, 2005 - El EEOC Lanza Una Página Web En Español Para Aumentar Su Servicio al ClienteLa Comisión para la Igualdad de Oportunidades en el Empleo (EEOC en sus siglas en inglés) presentó una versión en español de su página web para expandir sus servicios a la comunidad hispana, la cual representa el grupo racial o étnico más extenso y de más rápido crecimiento en los Estados Unidos. La nueva página web, http://www.eeoc.gov/es/, es parte del esfuerzo del EEOC para extender sus servicios a las comunidades que sirve y de esta manera prevenir proactivamente el discrimen en el empleo y promover el cumplimiento voluntario de las leyes de igualdad de oportunidades en el empleo.
Monday, March 14, 2005
New Military Notice Requirement Available
On March 10th, U.S. Secretary of Labor Elaine L. Chao announced the availability of a notice (in poster format) explaining the rights of employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
The Department's Office of Compliance Assistance Policy has made this notice (in poster format) available through its interactive Web-based tools, the elaws Poster Advisor and elaws USERRA Advisor. The elaws Poster Advisor, available at www.dol.gov/elaws/posters.htm, is designed to help employers comply with federal Department of Labor (DOL) poster requirements. The elaws USERRA Advisor, available at www.dol.gov/elaws/userra.htm, helps employers and workers understand employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act. For a full list of elaws Advisors, visit www.dol.gov/elaws.
Employers are required to provide a notice of the rights, benefits and obligations under USERRA to persons entitled to its rights and benefits. Employers may meet this obligation by posting the notice in a prominent place where employees customarily check for such information. However, employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).
The new notice, "Your Rights under USERRA", is also available at www.dol.gov/vets/programs/userra/poster.pdf or by calling 1-866-4-USA-DOL.
Don't forget to visit DOL's Compliance Assistance Web portal at www.dol.gov/compliance for the latest compliance assistance information, resources, links and more.
The Department's Office of Compliance Assistance Policy has made this notice (in poster format) available through its interactive Web-based tools, the elaws Poster Advisor and elaws USERRA Advisor. The elaws Poster Advisor, available at www.dol.gov/elaws/posters.htm, is designed to help employers comply with federal Department of Labor (DOL) poster requirements. The elaws USERRA Advisor, available at www.dol.gov/elaws/userra.htm, helps employers and workers understand employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act. For a full list of elaws Advisors, visit www.dol.gov/elaws.
Employers are required to provide a notice of the rights, benefits and obligations under USERRA to persons entitled to its rights and benefits. Employers may meet this obligation by posting the notice in a prominent place where employees customarily check for such information. However, employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).
The new notice, "Your Rights under USERRA", is also available at www.dol.gov/vets/programs/userra/poster.pdf or by calling 1-866-4-USA-DOL.
Don't forget to visit DOL's Compliance Assistance Web portal at www.dol.gov/compliance for the latest compliance assistance information, resources, links and more.
Thursday, March 03, 2005
EEOC Issues Training Guide
The U.S. Equal Employment Opportunity Commission
FOR IMMEDIATE RELEASE CONTACT: James Ryan
February 7, 2005 (202) 663-4965
Denise Anderson
(202) 663-4808
EEOC ISSUES NEW TRAINING GUIDE FOR SMALL BUSINESSES AND SUPERVISORS
'The ABCs of EEO' to Promote Voluntary Compliance by Employers
WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the publication of a new employer training guide, The ABCs of EEO for Small Businesses and Supervisors, to assist small business owners and front-line supervisors. The guide is available for purchase at a cost of $14.95 (either paperback or CD version) through the agency's web site at www.eeotraining.eeoc.gov.
The ABCs of EEO is organized by the human resource issues that employers face every day, such as hiring, harassment, accommodation, evaluations, promotions, discipline, discharge and job references. For example, in the chapter on workplace harassment, the guide discusses employer liability for harassment created by supervisors, employees, contractors and customers. Other topics include what an employer should do in the event that an applicant or employee files a discrimination charge against his or her company or agency. The book also contains a glossary of terms, helpful checklists and reference and resource lists to assist the reader further.
"This practical handbook is user-friendly, easy-to-understand, and contains invaluable tips to help small businesses proactively prevent discrimination by voluntarily complying with the laws enforced by the EEOC," said Nicholas Inzeo, Director of the agency's Office of Field Programs, which oversees the EEOC Training Institute. "Voluntary compliance simply makes good business sense and helps to ease employers' regulatory burden which is a win-win for everyone."
The guide was produced by EEOC's Training Institute, a division of the agency that offers fee- based technical assistance for employers under the auspices of the EEOC Education, Technical Assistance and Training Revolving Fund Act of 1992 which law authorizes the EEOC to charge reasonable fees to cover the costs of providing specialized, in-depth education and training on the laws enforce by the agency.
EEOC is responsible for enforcing the nation's laws prohibiting discrimination in the workplace based on race, color, gender (including sexual harassment and pregnancy), religion, national origin, age, disability and retaliation. Further information about the federal agency is available on its web site at www.eeoc.gov.
FOR IMMEDIATE RELEASE CONTACT: James Ryan
February 7, 2005 (202) 663-4965
Denise Anderson
(202) 663-4808
EEOC ISSUES NEW TRAINING GUIDE FOR SMALL BUSINESSES AND SUPERVISORS
'The ABCs of EEO' to Promote Voluntary Compliance by Employers
WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the publication of a new employer training guide, The ABCs of EEO for Small Businesses and Supervisors, to assist small business owners and front-line supervisors. The guide is available for purchase at a cost of $14.95 (either paperback or CD version) through the agency's web site at www.eeotraining.eeoc.gov.
The ABCs of EEO is organized by the human resource issues that employers face every day, such as hiring, harassment, accommodation, evaluations, promotions, discipline, discharge and job references. For example, in the chapter on workplace harassment, the guide discusses employer liability for harassment created by supervisors, employees, contractors and customers. Other topics include what an employer should do in the event that an applicant or employee files a discrimination charge against his or her company or agency. The book also contains a glossary of terms, helpful checklists and reference and resource lists to assist the reader further.
"This practical handbook is user-friendly, easy-to-understand, and contains invaluable tips to help small businesses proactively prevent discrimination by voluntarily complying with the laws enforced by the EEOC," said Nicholas Inzeo, Director of the agency's Office of Field Programs, which oversees the EEOC Training Institute. "Voluntary compliance simply makes good business sense and helps to ease employers' regulatory burden which is a win-win for everyone."
The guide was produced by EEOC's Training Institute, a division of the agency that offers fee- based technical assistance for employers under the auspices of the EEOC Education, Technical Assistance and Training Revolving Fund Act of 1992 which law authorizes the EEOC to charge reasonable fees to cover the costs of providing specialized, in-depth education and training on the laws enforce by the agency.
EEOC is responsible for enforcing the nation's laws prohibiting discrimination in the workplace based on race, color, gender (including sexual harassment and pregnancy), religion, national origin, age, disability and retaliation. Further information about the federal agency is available on its web site at www.eeoc.gov.
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