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Monday, November 24, 2014

Caution Superviising Managers - You need to know and understand the EEOC and ADA Example 2



My goal is to help make supervisory managers better understand their duties and preserve employee morale and shareholder equity. Please read this EEOC summary and the link to the actual case.  Please note I took out the individuals name in the below summary on this page.

A senior management supported Human Resource Department along with an ongoing training program can help reduce these cases.

Please feel free to leave a comment.

  • EEOC v. AutoZone, Inc., 707 F.3d 824, 829  (7th Cir. 2013).  The EEOC's Chicago District Office sued Defendant, a national retailer of automotive parts and accessories, alleging that it discriminated against the Charging Party on the basis of his disability.  At trial, the EEOC presented evidence that the company's managers insisted that Parts Sales Manager  mop floors at the end of the day, an activity that aggravated His back impairment and caused him intense pain and ultimately led to serious injury.  The EEOC also showed that company officials refused to eliminate the mopping assignments despite repeated requests from Him and his doctor.  In June 2011, a federal jury in Peoria, Ill., awarded $100,000 in compensatory damages for physical and emotional pain and suffering.  The jury also awarded $500,000 in punitive damages for what the trial judge described as "total and knowing disregard for the underlying purpose of the ADA."  (The judge later reduced the punitive damages award to $200,000 to comply with a statutory limit on damages, but added $115,000 in lost wages.)  In February 2013, the U.S. Court of Appeals for the Seventh Circuit held there was no basis for granting judgment to the company as a matter of law or for ordering a new trial.  This was the second appellate victory for the EEOC in this case.  An earlier appellate decision, EEOC v. AutoZone, Inc., 630 F.3d 635 (7th Cir. 2010), reversed a summary judgment decision and led to the June 2011 trial. EEOC Source  http://www.eeoc.gov/eeoc/litigation/selected/ada_litigation_facts_10-14.cfm

Monday, November 17, 2014

Caution Superviising Managers - You need to know and understand the EEOC and ADA

I have been looking at the federal EEOC website and looking at cases that directly relate to supervisory management topics.  There are so many I decided to highlight one a week for a while.  Always go to the EEOC site and or your lawyer for current guidance.

My goal is to help make supervisory managers better understand their duties and preserve employee morale and shareholder equity. Please read this EEOC  summary and the link to the actual case.  Please note I took out the individuals name in the below summary.

Without regular policy reviews and all senior management buy-in and full support your company and employees could suffer similar issues.

Please feel free to leave a comment.


  • EEOC v. Walgreen Co., 2014 WL 1410311 (N.D. Cal. Apr. 11, 2014).  The EEOC's San Francisco District Office sued drugstore giant Walgreens, alleging that it fired former cashier, who has Type II Diabetes, because of her disability after she ate a $1.39 bag of chips during a hypoglycemic attack in order to stabilize her blood sugar level. She had worked for Walgreen for almost 18 years with no disciplinary record, and Walgreens knew of her diabetes. Yet the company security officer testified that he did not understand nor did he seek clarification when she wrote, "My sugar low. Not have time," in reply to his request for an explanation of why she took the chips before paying.  The EEOC alleged that employers like Walgreen must provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship for the employer.  Walgreen moved for summary judgment.  The district court denied Walgreen's motion, ruling that the company "failed to allege any misconduct that is unrelated to [her] disability."  At the hearing, Walgreen's own legal counsel acknowledged her as a long-term valued employee with a very good track record and described her termination as a "harsh result."  The parties ultimately resolved the suit via consent decree.  Walgreen agreed to pay her $180,000 and to post its revised policy regarding accommodation of disabled employees on its employee intranet site. The company will also provide anti-discrimination training, make periodic reports to the EEOC, and post a notice regarding the decree for three years.
EEOC Source
http://www.eeoc.gov/eeoc/litigation/selected/ada_litigation_facts_10-14.cfm


Monday, November 10, 2014

Supervisors Need to Ensure

Every Supervising Manager needs to ensure that they are giving their people the tools and support needed to succeed.

  • If the supervisor fails to hire the correct person for their needs - the supervisor failed.
  • If the employee was not properly trained - the supervisor failed.
  • If the employee does not have the proper equipment - the supervisor failed.
  • If the process is broken or not working properly and it effects success - the supervisor failed.
  • If the supervisor fails to follow-up to include coaching and counseling, if needed - the supervisor failed.
Deming's 85-15 rule states 85% of the time management controls the elements that caused the failure, only 15% of the time is it the employees fault.

Food for thought!

Please feel free to comment!