Posts Tagged ‘employment lawsuit’

How Many Lawsuits Does It Take….

Wednesday, April 6th, 2011
While “How many lawsuits does it take” does sounds like the beginning of an HR joke, AutoZone isn’t laughing.  The company has faced multiple employment lawsuits over the past several years and lost all of them, resulting in some very costly verdicts.  Most recently, on March 28th 2011,  the Ninth Circuit upheld a verdict for the EEOC  against AutoZone with the damages at $65,000.  The suit alleged that an AutoZone store in Arizona had created a sexually hostile workplace.   In September 2010 the EEOC filed a lawsuit in Massachuset U.S. District Court Massachusetts, alleging that AutoZone created a hostile work based on religious discrimination.  The Seventh Circuit upheld a verdict against AutoZone for wrongful termination in violation of the ADA in Wisconsin in December 2010.   The company is also facing a class action lawsuit for wage and hour violations in Oregon, California and Arizona. 
 
One thing the numerous lawsuit highlight is how hard it is to ensure compliance across a wide spread organization even with the best of intentions.   According to the AutoZone website, AutoZone is the “ nation’s leading retailer and a leading distributor of automotive replacement parts and accessories with more than 4,600 stores in the US, Puerto Rico, and Mexico.”  No doubt AutoZone has strict written policies against harrassment, hostile work enviroments and discrimination.  Certainly they provide training to managers and employees on what is appropriate behavior.  The founder of AutoZone has a long standing personal committment to equal rights and is patron of the of the National Civil Rights Museum, where the current CEO is serves on the board as Treasurer.  Yet a bad or misinformed manager at just one of those 4,600 locations can result in a $65,00 verdict.   
 
Join the conversation:  Is it easier to ensure compliance at a large corporate with a high level of HR staff and resources or at a smaller company?
 

Yet another discrimation lawsuit and settlement in the transportation industry

Tuesday, July 6th, 2010

Because KPA offers HR compliance consulting and HR software we monitor all of the lawsuits and settlements brought by the EEOC.   Frankly it is rather depressing to me (as an HR professional and as a person)  that 45 years after the EEOC was established there are still so many claims and settlements for discrimination, harassment and retaliation.    My friends who are  employment attorneys could not be more pleased that there seems to be a never ending source of revenue from employers who can’t be bothered with good HR practices UNTIL the lawsuit lands on their desk.

The latest discrimination and retaliation claim settled by a company involved in the transportation industry involves McGriff Industries. McGriff Industries settled the suit for $100,000 along with required activities involving implementing effective anti-discrimination policies and procedures, and training its employees, supervisors and managers on the prohibitions against racial misconduct in the workplace. The company will also be required to develop a system for reporting, investigating and addressing complaints of workplace racial misconduct; hold all employees accountable for engaging in it; and hold supervisors and managers accountable for tolerating or failing to address such misconduct.  

  Let’s review the 4 things employees really must do to ensure they are not next in the list of companies the EEOC has settled with in 2010. 

1) When in doubt on the right thing to do - don’t do anything (don’t fire, don’t hire,) without consulting the experts (your attorney, a certified HR professional) and then listen to what they tell you.

2) Automate processes for hiring, performance management, training and termination with software so you have complete records, and forced compliance to best practices for essential HR process. With the multitude of HR software programs out there at every price point,  some even specialized by industry, there is no excuse not to automate process and force compliance. 

3) Establish policies and procedures for employees to report issues and concern- and respond to them (ethically, humanely and legally).

4) Train, train, train- never assume your managers and employees know what to do and more importantly what not to do to avoid harrassment, discrimination or retaliation.

 Join the conversation: Are you sure your company would survive an EEOC audit?