OCTOBER 2009
By Janna Charles
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Diversity - Wells Fargo reaps benefits of diversity
Though the current economic climate has proven challenging for the banking
industry, companies like Wells Fargo have been resilient, specifically in the
areas of diversity and inclusion. Not only has Wells
Fargo joined ranks with
Wachovia Bank, making it the fourth-largest bank in the nation, but it has
also taken huge strides in terms of its diversity initiative.
Filling the number two spot in HispanicBusiness Magazine's
Diversity Elite list in 2009, Wells
Fargo reaps the benefits of incredibly diverse team. About
41 percent of the bank's new hires last year were minorities, among 20 percent
of which were Hispanic. Wells Fargo also
has a number of programs put in place to expand and promote an inclusive customer
base. The Wells Fargo Mortgages Emerging Markets division works to bring homeownership
to ethnic minority families. The division also focuses on lending to small,
minority-owned businesses.
Another Wells Fargo division, the Supplier
Diversity Group, hosts community
outreach activities aimed at developing a more representative supplier base.
Wells Fargo and Wachovia
Bank spent almost $5 billion with minority and women owned
suppliers, almost a fifth of which was in 2008.
SOURCES: Nisen, Jeremy. "Wells
Fargo Strikes Gold by Hitching Fortune to Diversity." September 2009. http://www.hispanicbusiness.com/news/2009/9/16/wells_fargo_strikes_gold_by_hitching.htm
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Recession - Youth employment rates hit record low
According to the Bureau of Labor Statistics, the employment rate for youth
ages 16 to 24 has fallen drastically over the past couple of years, hitting
a record low of 51.4 percent in July 2009. The number dropped 4.6 percentage
points since July of last year, marking the affect of the recession on labor
market conditions.
In addition to low employment rates, youth labor force participation -- 16
to 24 year olds working or actively looking for work -- has also seen a decline.
Labor force participation rates are traditionally highest between April and
July each year on account of summer breaks. However, the July 2009 rate was
down by 2.1 percentage points from July 2008 and 14.5 percentage points below
its peak for that month in 1989 (77.5). These statistics are a clear sign that
the recession is affecting all generational rungs of the workforce.
SOURCE:
Press Release. "Employment Rate for Youth Falls to
Record Low." August 28, 2009. http://hr.blr.com
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Disabilties - EEOC publishes proposal to expand definition of disability
under ADA regulations
On September 16, 2009, the Equal Employment Opportunities Commission (EEOC) voted
to approve a Notice of Proposed Rulemaking (NPRM) to expand the definition
of disability under its Americans with Disabilities Act (ADA) regulations.
These revisions were made in compliance with the ADA Amendments
Act of 2008 (ADAA) which makes it easier for individuals to claim disability under the
ADA.
The proposed rules:
States that the definition of disability must be interpreted broadly.
Defines
a "substantial limitation" need not "significantly" or "severely" restrict
a major life activity in order to meet the standard.
Expands the definition
of "major life activities."
Provides that an impairment that is episodic or in remission is a disability
if it would "substantially limit a major life
activity when active."
Prohibits
qualification standards, employment tests and other selection criteria
based on an individual's uncorrected vision, unless the condition is
significantly job-related and consistent with business necessity.
Published to the Federal Register on September 23, 2009, the NPRM will be open to public comment for 60 days.
SOURCE: Press Release. "Notice
Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008."September
24, 2009. The
U.S. Equal Employment Opportunity Commission via www.eeoc.gov.ada.amendments_notice.html
Press Release. "Proposed ADA Rule Published." September 23, 2009. http://hr.blr.com
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Sexual Harassment - "Good-faith" doctrine used in sexual
harassment case
A male employee at the University of Arkansas
for Medical Sciences was accused
of sexual harassment by two female co-workers. Following the accusation, the
vice chancellor of the University appointed
members of a Resource
Panel to
investigate the complaints. The male employee responded by making counter-accusations
of sexual harassment against the two female co-workers.
After reviewing the Resource Panel members' findings, the
employee's boss fired him under the belief that he not only engaged in sexual
harassment, but lied about the behavior of other employees. The employee filed
a complaint in a Federal District Court, claiming retaliation and sex discrimination.
He said that he was terminated for filing sexual harassment complaints and
was treated differently than the women who had taken the same action.
The appeals court explained that the "critical inquiry
in discrimination cases..is not whether the employee actually engaged in
the conduct for which he was terminated, but whether the employer in good
faith believed that the employee was guilty." The employee could
not show that his employer had fired him for making his complaints. Therefore
his boss's actions were legally justified, setting precedence for the use
of the "good faith" exception.
SOURCE: Press Release. "Harassment
Case Illustrates Value of 'Good-Faith' Belief." September 14, 2009. http://hr.blr.com
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Equality - Research suggests talking to children about race is beneficial
Many adults are hesitant when it comes to having conversations about race
with children, believing that it will only draw attention to racial differences
and create divisions. However, emerging research on the topic suggests that
the opposite might be true.
A study conducted by the Children's
Research Lab at the University of Texas
reveals that children tend to recognize and draw conclusions about race and
difference on their own. Four to five year olds from three pre-school
classrooms were randomly assigned red and blue t-shirts, which they wore for
three weeks without any mention of the colors. Researchers found that at the
end of the time period, children had naturally developed attitudes about their
colors such as, "reds are smarter than blues," or"all
reds are nice but only some blues are nice." A similar study launched
by Phyllis Katz, a professor at the University of Colorado
indicated that even babies react to difference, staring significantly longer
at photographs of faces that are a different race that their parents.
Many seem to think that children only notice race when society points it out
to them; that they would otherwise grow up "colorblind." Yet
studies like these indicate that children notice and formulate assumptions about
difference on their own, often from a very young age. Says Katz, "This
period of our children's lives, when we imagine it's most important to not talk
about race, is the very developmental period when children's minds are forming
their first conclusions about race." She suggests that having conversations
about race may actually counter stereotypes and foster positive attitudes in
regards to racial difference.
SOURCE: Bronson, Po and Ashley Merryman. "See
Baby Discriminate." September
5, 2009. Newsweek Magazine via http://www.newsweek.com
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Religious Discrimination - Did Subway engage in religious discrimination?
The Equal Employment Opportunities Commission
(EEOC) filed a lawsuit against
Doctor's Associates, Inc. (DAI), the
franchisor of Subway restaurants
and two of its franchisees on behalf of a former employee who claimed that
her nose ring, which violated the DAI's uniform policy, was an expression of
her Nuwabian religion. When the employee was unable to provide written documentation
to support this claim, she was terminated.
In this instance, the jury found that the employee's nose ring was not an
observance of a sincerely held religious belief. However, the EEOC filed another
claim, stating that the DAI's practice of asking employees for documentation
supporting requests for religion-based waivers violated Title
VII of the Civil Rights Act. The EEOC claimed that the DAI passed judgment on the validity of
the employee's religious beliefs rather than on the sincerity of those beliefs.
In spite of these claims, U.S. District Court Judge John
Antoon II dismissed
the case, saying that the EEOC's own guidelines
allow employers to make inquiries to determine the sincerity of an employee's
religious observances. The judge claimed that otherwise, "an
employer would have to grant an accommodation anytime the employee requested
one."
SOURCE: Antoon II, John of the United States District
Court Middle District of Florida. July 2009. Equal Employment Opportunity
Commission v. Papin Enterprises, Inc, Papin Inc, Doctor's Associates, Inc. http://www.worldofworklawblog.com/uploads/file/Papin.pdf
Press Release. "Court: Subway Restaurant Did Not
Discriminate." September 25, 2009. http://hr.blr.com
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