Sexual orientation, gender identity discrimination protections gaining legal ground

On Monday, President Obama recognized a 40-year milestone for the gay civil rights movement in the U.S. at a reception for LGBT Pride Month at the White House.

Obama has been criticized by the LGBT community because he has been slow to act on many of the promises he made during his campaign. However, he told the audience at the reception that his administration has taken steps to ensure equal rights for gay Americans and plans to do more.

From CBS News:

"We seek an America in which no one feels the pain of discrimination based on who you are or who you love," he said.

The president noted that he has signed a memorandum extending some federal benefits to LGBT families and is urging Congress to pass the Domestic Partners Benefits and Obligations Act, which would mean the extension of health care benefits.

He also said his administration is working to pass the Employment Non-Discrimination bill and a hate crimes bill named after Matthew Shepard.

"There are unjust laws to overturn and unfair practices to stop," the president said.

Just 10 days before the White House reception for LGBT Pride Month, Rep. Barney Frank re-introduced the Employment Non-Discrimination Act or “EDNA” (H.R. 2981). The bill makes it unlawful to discriminate on the basis of sexual orientation or gender identity.

EDNA would extend federal employment laws, which already protect individuals on the basis of race, religion, gender, national origin, age and disability, to also include sexual orientation and gender identity.

While lawmakers discuss the fate of the legislation, it may be a good time to take a look at your company’s employee handbook. Until now, most have not been written to include how to address harassment or discrimination based on an employee’s sexual identity or orientation.

Though many are late to get started, some of the biggest U.S. companies are ahead of the game. As of February 2009, 423 (85%) of the Fortune 500 companies had implemented non-discrimination policies that include sexual orientation, and more than one-third had policies that address gender identity.

Preventing sexual orientation discrimination in the workplace starts with understanding current laws, examining your policies and procedures, and training employees to abide by those policies. But that’s just the beginning.

For more information on creating gender orientation policies and procedures, read our new free whitepaper Creating a Gender Orientation Policy for Your Workplace (pdf).

Sexual orientation, gender identity discrimination protections gaining legal ground

HR survey shows more slashing salaries, less layoffs

Eight out of ten companies continue to cut labor costs, most by reducing salaries, worker hours, perks, and using furlough or forced vacations, according to a survey released yesterday by Challenger, Gray and Christmas.

According to the report, more than half (52%) of human resources executives surveyed in May said their companies had decided to slash or freeze pay, more than double the 27% of companies using the same cost-cutting techniques in January.

Executives listed as many as 13 different measures they’re currently using to cut expenses, but they’re not necessarily using these techniques in place of layoffs. Survey results revealed that the companies which had gone through layoffs were more likely to use cost-cutting methods than companies that had not.

Slashing benefits, pay, and perks allows companies to lower their labor costs without cutting workers. Layoffs can create a major challenge when the economy begins to recover and employers are short on trained workers. "It is a lot easier to restore compensation and benefits that it is to rehire and retrain workers when the economy improves," says John Challenger, chief executive of Challenger, Gray and Christmas. (U.S. News & World Report)

The percentage of employers making permanent cuts fell since the beginning of the year, from 56% in January to 43% in May, according to the survey. Altogether, 86% of executives said their companies were implementing cost-cutting measures, which is slightly better than in January when 92% of organizations were slashing costs.

Has your company been able to avoid layoffs by implementing other cost-cutting measures, such as salary reductions or freezes? Leave a comment and let us know what worked for your organization.

HR survey shows more slashing salaries, less layoffs

Pay-for-performance programs more popular in tough economic times

More companies are paying closer attention to their pay-for-performance programs than the traditional “automatic raise” systems, according to a recent study by the Institute for Corporate Productivity (i4cp).

i4cp polled over 500 companies, revealing that 78% of companies tie pay to performance, with most of the focus directly on solid performers. In large companies with 10,000 or more employees, 84% tie pay to performance.

More than half of the companies surveyed (54%) don’t offer merit raises of any kind to low performing employees. However, merit raises for average and high performing employees varied only slightly. Average performers generally received raises between 3% and 4%, while high performers received between 4% and 5%.

The survey also found that companies are keeping a close eye on the accuracy of their pay-for-performance programs. The majority of companies (71%) said senior management is holding managers accountable for their rating accuracy. To ensure that accuracy, 73% of companies offer training for managers and supervisors who determine employee performance rates.

"Companies are becoming more willing to withhold merit raises for poor performers, but in general they are still not truly distinguishing the top performers from the average," says i4cp research analyst David Wentworth. "This could be due to a fear of creating a perception of unfairness when they are trying to find the fine line between the good and the very good. In this economy, where reductions in force are the norm, companies are really focused on how they treat the surviving employees."

Performance rewards most often come in the form of cash, with 69% of respondents providing a salary increase (74% of large organizations). Another 64% of companies (72% of large companies) offer a one-time cash bonus as a performance reward.

A smaller number of large companies (24%) and only 14% of all companies use stock options. The least popular rewards come in the form of non-monetary perks, with just 14% of companies using non-cash rewards.

The recession has forced pay-for-performance systems to the top of priority lists for many companies. The study found that 44% of companies cite the economy as the main reason for giving their merit-based programs higher priority.

Read more about the i4cp study. Visit the Performance Management section of the HR Library for more information on evaluating and rewarding employee performance.

Pay-for-performance programs more popular in tough economic times

How could the swine flu outbreak affect U.S. workplaces?

Yesterday, Secretary of Homeland Security Janet Napolitano held a press conference on swine flu and touched on how the outbreak may affect the American workplace.

Repeating President Obama’s message, Napolitano reminded the audience that “swine flu is a cause for concern, but not a cause for alarm. We are simply in preparation mode. We do not yet know how widespread this flu will be within the United States. So we continue to move aggressively to prepare.”

Napolitano asked that private employers assist the federal and state governments in protecting their workers.

“We are reaching out to the private sector to make sure that they are preparing and to inform them of the latest actions we are taking. It's important that they be thinking ahead about what they would do should this erupt into a full-fledged pandemic, which it has not yet, by the way,” she said.

The Centers for Disease Control (CDC), Department of Health and Human Services (HHS) and the federal government are stressing that people use common sense right now to reduce the impact that any flu, including swine flu, may have on the U.S. public.

The CDC is advising the public to take these everyday actions to stay healthy:

• Cover your nose and mouth with a tissue when sneezing or coughing. Dispose of the tissue immediately after you use it.
• Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hand sanitizers are also effective.
• Avoid touching your eyes, nose and mouth to avoid spreading germs.
• Avoid close contact with sick people.
• If you feel ill, stay home from work or school and limit contact with others to avoid spreading the flu.
  

The CDC and HHS have also put together a business pandemic influenza planning checklist that companies can use to prepare for a potential flu outbreak and other emergencies.

These simple measures can “materially improve” the chances of swine flu becoming a full-fledged pandemic, said Napolitano.

“I mean, the normal tendency is, you know, we have a lot of Type A personalities and people want to go, keep working, and—we're saying don't do that if you believe realistically that you have the flu. If you don't know but you show some of the symptoms, contact your doctor. ”

“Everybody has a role to play here. It's our function to make sure that what the government is doing is coordinated, that we are thinking in advance of the problem,” she said. “But, again, government cannot do this alone. We all have an important part to play.”

Currently, there are 64 confirmed cases of swine flu in the U.S., including 45 in New York City, according to the CDC. The swine flu outbreak in Mexico is suspected in 152 deaths and more than 1,600 illnesses, according to the Mexican health minister.

As doctors try to understand and bring the swine flu outbreak under control, many people are nervous that the virus will continue to spread. It also leaves some important questions up for discussion:

• What are the implications for business and HR policies?
• Is preventing/identifying swine flu a workplace training need yet with so few cases in the U.S. and all mild?
• Will it affect hiring/business expansion plans if the spreading swine flu could further hurt the U.S. economy?

What do you think? Is it time for businesses to start taking action? Leave a comment and let us know.

Fight the flu at work by raising awareness of sanitary procedures with these helpful flu prevention solutions.

Download "Flu in the Workplace," a free white paper on how to keep employees safe and get a better understanding of your rights as an employer.

How could the swine flu outbreak affect U.S. workplaces?

New EEOC best practices against caregiver discrimination

The Equal Employment Opportunity Commission (EEOC) recently released an online guide covering employer best practices for workers with caregiving responsibilities.

Along with advice on avoiding discrimination against caregivers the document also provides examples of best practices employers can adopt that go beyond federal non-discrimination requirements to reduce the chance of EEO violations.

This most recent guide supplements a 2007 document on unlawful disparate treatment of employees with caregiving responsibilities. The new EEOC guide outlines added suggestions for employers including suggested language for a written EEO policy addressing caregiver protection and best practices in recruitment, hiring, promotion and conditions and terms of employment.

Among the best practices explained in the new document, the EEOC encourages employers to:

• Train managers and supervisors on their legal responsibilities regarding employees with caregiving responsibilities under federal regulations including the Americans with Disabilities Act, the Equal Pay Act, the Pregnancy Discrimination Act, Title VII of the Civil Rights Act and the Family and Medical Leave Act (FMLA).
• Develop, distribute and enforce a strong EEO policy that clearly explains examples of discriminatory behavior against caregivers.
• Respond to caregiver discrimination complaints efficiently and effectively.
• Identify and remove barriers to re-entry for individuals who have taken leaves of absence due to caregiving responsibilities or other personal reasons.
• Encourage employees to request flexible work arrangements that allow them to balance work and personal responsibilities.
• Monitor compensation practices and performance appraisal systems for patterns of potential discrimination against caregivers.

Employee training is your first line of defense to prevent employment discrimination and minimize legal action. Protect your company from lawsuits by educating your employees on their responsibilities when it comes to discrimination and harassment in the workplace.

Without the proper training, employees may be engaging in or condoning unacceptable behavior without even knowing it. The Harassment-Free Workplace -- Take Control is a comprehensive training program that teaches workers how to take responsibility for their own actions. Prevent harassment and protect your business with more tools from G.Neil.

New EEOC best practices against caregiver discrimination

Domino’s employees fired, charged after “gross” video goes viral

On Monday, two Domino's Pizza employees posted videos on the Internet that resulted in their current unemployment, and also managed to create a disastrous PR storm for their former employer.

The two Domino's Pizza employees posted videos on the Internet showing themselves violating various health-code standards while preparing food for delivery. Since their video became a hit on YouTube, the employees have been charged with felonies for delivering prohibited foods.

A statement on the company’s corporate website apologizes for the unacceptable actions of their former employees and asks that customers continue their support, despite this embarrassment.

“The opportunities and freedom of the Internet is wonderful,” the statement reads. “But it also comes with the risk of anyone with a camera and an Internet link to cause a lot of damage, as in this case, where a couple of individuals suddenly overshadow the hard work performed by the 125,000 men and women working for Domino’s across the nation and in 60 countries around the world.” (Workforce Management)

Company President Patrick Doyle has also posted a video of his own in response to the “gross” video created by his former employees. Domino’s spokesman Tim McIntyre said the company is looking into what can be done to prevent anything like this from happening in the future, but says there’s only so much the Domino’s can do.

"You can be the safest driver, you know," McIntyre said. "But there's going to be that Friday night someone's drunk and comes from out of nowhere. You can do the best you can, but there's going to be the equivalent of that drunk driver that hits the innocent victim." (Advertising Age)

The food safety issues involved in this case can be kept under control with a combination of training, policy enforcement and complying with regular food safety inspections. But how can a company control what employees are saying about them online?

It’s impossible for a company to fully control what an employee is going to say or do on the Internet in regards to their employer. What companies can do is set standards and clear policies outlining responsible online behavior within the office and when an employee discusses the company on their own time.

Major companies including the BBC, Sun Microsystems and IBM have written social media guidelines for employees to help manage the risk that accompanies these online conversations. Each of these companies has a set of guidelines clearly posted on its website and serve as great examples when developing your own social media policies.

• BBC use of social networking and other third party websites (.pdf)
• Sun Guidelines on Public Disclosure
• IBM Social Computing Guidelines

Policies will differ from company to company, but it’s important to have a clear set of standards that everyone in the organization can follow. Remember to run your social media policy through the legal department before distributing anything to employees. Finish the process with employee training that explains the company’s policy and how to act responsibly when talking about their employer online.

Like Domino’s spokesman said, “the opportunities and freedom of the Internet is wonderful,” but some employees may need help understanding the responsibility that comes along with talking about their employer online.

Do you think having a social media policy could have helped Domino's in the company's current situation? Does your organization train employees on responsible Internet use? Leave a comment and let us know.

Domino’s employees fired, charged after “gross” video goes viral

Use sexual harassment training as prevention, not punishment

Cracker Barrel Old Country Stores, Inc. will pay $255,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Opportunity Commission (EEOC), the agency announced Thursday April, 9.

Cracker Barrel, based out of Lebanon, Tenn., had allegedly turned a blind eye to repeated sexual harassment incidents at its Cedar Bluff, Tenn. store location. The EEOC lawsuit claims that male managers and other employees made repeated and unwanted sexual jokes and lewd remarks to women.

When the women complained about the sexual harassment to the managers and made calls to Cracker Barrel’s compliant line, the company failed to take any action to stop the harassment.

The company failed to take any action to stop the harassment, even after the women complained about it to managers and to the company’s complaint line, according to the lawsuit.

Under the terms of the settlement, Cracker Barrel must: 


• Modify its policies and practices regarding the investigation of sexual harassment claims,
• Conduct annual training on sexual harassment and retaliation for all employees for a period of three years
• Maintain and report complaints of harassment received for three years
• Post the company’s sexual harassment policy and a statement it will investigate anonymous claims of sexual harassment.

Instead of having sexual harassment training be a punishment for your organization, make it a part of your company culture. Empower every employee with the promise that every sexual harassment claim will be taken seriously and that each case will be fully investigated.

Incorporate sexual harassment training into an overall harassment prevention program at your organization to ensure every employee, including managers and supervisors, know how to recognize and prevent harassing behavior.

Unfortunately, many of your employees may be engaging in or condoning sexual harassment without even realizing it. G.Neil’s Harassment-Free Workplace -- Take Control training program helps employees understand how they can “pause, fast forward, rewind and stop” to take responsibility for their own actions.

Use sexual harassment training as prevention, not punishment

More cutting OSHA training, taking chances with employee safety

In the wake of our country’s recent economic challenges, a disturbing trend has emerged that could cause a spike in employee injuries and safety violations. Recent reports show that many companies are taking their chances with employee safety by including vital OSHA safety training in this year’s budget cuts.

Delaying, trimming back or even eliminating employee safety training may result in an oncoming flood of new workplace injuries or even fatalities. Along with the danger to employees, businesses face the additional risk of increased OSHA fines, workers’ compensation claims and wrongful injury lawsuits.

Evidence of this hazardous trend can be seen in states like North Carolina, where the number of workplace deaths increased by 31 percent in 2008 after three years of steady decline, according to the Charlotte Observer.

The sagging economy could exacerbate the trend. Labor department officials worry workers could be in greater danger if companies scrimp on safety to make ends meet.

Department spokeswoman Dolores Quesenberry said Wednesday that company training and other safety initiatives are often among the first to go during hard economic times. “That's one of the first messages we want to get to employers: Make sure your employees are trained. It's not worth a life.”

According to a survey of safety professionals by Kimberly-Clark Professional, U.S. workers are putting themselves at risk by not complying with important safety procedures and failing to wear personal protective equipment (PPE).

Key findings of the survey:

• 89% of safety professionals have witnessed workers not wearing PPE when they should
• 33% cited compliance with safety protocols as the top workplace safety issue in their facilities
• 34% said the economy affected their worker safety training programs or resources
• 63% of those impacted by the economy said it had led to less money for safety education and training
• 33% of those impacted by the economy said business concerns get more attention than safety concerns during tough economic times

With the cost of work-related injuries in the US totaling more than $50 billion a year, businesses can’t afford to cut any corners when it comes to employee safety training and equipment. The financial burden of just one serious injury or fatality could put your company out of business forever.

As the economy falters, the need for more inexpensive safety training has never been more critical. G.Neil is meeting the challenge with new products that make safety training and OSHA compliance easier and affordable. From forklift training videos to safety posters, our wide variety of products can help you complete mandatory OSHA training without jeopardizing your budget or employee safety.


Related information:

Press release: Skipping OSHA safety training could spell death for employees

More cutting OSHA training, taking chances with employee safety

Job training program opens new doors in Michigan

Last month, Michigan Gov. Jennifer Granholm passed a bill allowing community colleges to create training programs for businesses adding new jobs or new businesses coming into the state.

Under Michigan’s New Jobs Training Program, participating businesses and community colleges would pay nothing. Tuition and training costs will be financed through bonds sold by the colleges and paid back with employer withholding taxes.

Companies may participate under the condition that the training is for newly created jobs, as part of an effort to build up the state’s job base. Trainees can’t be replacement workers for existing positions.

From the Lansing State Journal:

"This is not a hit to the state, because these are new jobs," said Michael Hansen, president of the Michigan Community College Association. "The state was never going to realize that income tax anyway. The jobs wouldn't exist except for this program."

Modeled on a successful program in Iowa, the initiative "is a win for the community college, because they develop training capacity," he said, adding that several of the state's community colleges, Lansing Community College among them, have already expressed interest.

"It's a win for the company, because they get their workers trained for free," he said.

The New Jobs Training Program is modeled after a successful program Iowa began in 1983. In Iowa, companies adding new jobs can make agreements with local community colleges to train a set number of employees. The colleges issue bonds to the employer, which are repaid by the trained employees’ state income taxes. Training is received at no cost to the employee, and their company takes responsibility for repayment if the training contract is broken.

In the 25 years since the Iowa program began, “employers working with community colleges have received over $560 million from the Iowa New Jobs Training Program for 2,000 training projects and more than 138,000 planned new jobs, some of which pay salaries averaging nearly $40,000 annually,” according to SHRM.

When signing the legislation, Michigan Gov. Granholm pointed out that the state “must do everything we can to help our citizens get the training they need for good-paying jobs in this challenging global economy. These bills are another part of our plan to ensure that we have a strong workforce that can compete and win in the 21st century.”

Job training program opens new doors in Michigan

Access to technology keeps workers creative and efficient

The majority of U.S. workers place a high value on technology in the workplace, some would even take drastic measures to work for companies that value technology in the same way.

Almost 40 percent of workers would consider changing jobs to work for a company that is more committed to providing access to and training in the latest technology, according to a national survey commissioned by the Fairfax County Economic Development Authority (FCEDA).

Key findings of the survey include:

• Four out of five workers said access to technology is important to their ability to be creative (78%) and productive (80%) at work.
• 80% of workers said that such technology gives their employer and edge in the marketplace.
• 39% of workers would consider leaving their current jobs for an employer that makes better use of technology with access to more up-to-date technology.
• 37% would contemplate a job change if better technology-related training were offered.

Retaining top performers is key to an organization’s success and is many times their top worry during a recession. Holding on to prized employees is a top concern for employers, even in today’s economy, according to a survey developed by Robert Half International.

Nearly four out of 10 (39%) of senior executives cited employee retention as their greatest staffing concern, according to the survey.

Another top concern included bringing in new employees (22%) along with productivity and employee morale (17%).

“Many firms are operating with lean teams in which every staff member plays a key role in the business, making retention a greater concern,” said Max Messmer, chairman and chief executive of Melo Park, Calif.-based Robert Half International. “Companies that lose top performers may not only experience declines in productivity but also incur significant costs in replacing these professionals.”

If your business is concerned with retaining top performers, maybe it’s time to take a look at the technology your employees are using to complete their daily tasks. Making an investment today to update your in-house technology and offer technology training may save you thousands of dollars in diminished productivity and the hardship of losing top performers in the future.

Access to technology keeps workers creative and efficient

Statistics show workplace injury and illness down

The rate of workplace injuries and illness in private industry in 2007 declined for the sixth consecutive year, according to the U.S. Department of Labor’s Bureau of Labor Statistics (BLS). Nonfatal workplace injuries and illness in the private industry have declined 4.5 percent over the past year.

Over the past six years workplace injuries and illnesses have declined 21 percent. The shrinking statistic shows how effective targeted enforcement along with prevention methods, such as compliance assistance, have worked together to promote a culture focused on workplace safety, according to Secretary of Labor Elaine L. Chao in a press release.

"Today's injury and illness results demonstrate that OSHA's balanced approach to workplace safety encompassing education, training, information sharing, inspection, regulation and aggressive enforcement is achieving significant reductions in workplace injury and illness throughout the country.

This report shows that employees are now safer in the workplace than ever before. This success validates our efforts, and we are redoubling this commitment to make workplaces even safer," said Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr.

Key findings of the 2007 Survey of Occupational Injuries and Illness:

• The total recordable case injury and illness incidence rate was highest among mid-size establishments (those employing between 50 and 249 workers) and lowest among small establishments (those employing fewer than 11 workers).
• General medical and surgical hospitals (NAICS 6221) reported more injuries and illnesses than any other industry in 2007—more than 253,500 cases.
• The total recordable case injury and illness incidence rates declined among 5 of the 19 private industry sectors—Agriculture, forestry, fishing & hunting; Mining; Construction; Manufacturing; and Health care and social assistance—in 2007 and remained statistically unchanged in the remaining 14 industry sectors.
• Incidence rates and numbers of cases for injuries and illnesses combined declined significantly in 2007 for several case types: total recordable cases; cases with days away from work, job transfer or restriction; cases with days away from work; and cases with job transfer or restriction.

Read the full study at bls.gov.

Statistics show workplace injury and illness down

Improve teams, invest in talent with corporate training in a recession

Businesses are coping with the economic downturn in a number of ways from slashing budgets to downsizing. It is more important than ever to get the best return on investment in every aspect of your business.

Industry experts like George Colony, CEO of Forrester Research, advise companies to deal with the economic recession by investing in existing talent.

At a recent dinner Colony hosted for top CIOs, discussion on politics and the economy led to a list of recession strategies companies can use to successfully ride out an economic slowdown.

In a recap of the dinner on Colony’s blog, some of the best practices for a recession include:

• Outsourcing is not a silver bullet. Use the recession to build internal skills.
• Use a slowdown to improve the team -- look to bring in great people who have been laid off elsewhere.
• Cut training and development last. That resource is critical to success in the post-recession period.

Instead of limiting the development of your team by cutting training programs, learn how to stretch your training dollar in a free webinar from Training Time - Squeezing the Most Out of Your Training Budget: Corporate Training in a Recession.

Training and development should remain a priority during tough times because:

• Trained workers perform more efficiently with less errors and delays
• Training boosts employee loyalty by encouraging career development
• Employees taking on extra work quickly learn how to get up to speed with the right training
• Training improves employee morale and confidence
• Your best asset in business is a well-trained employee

Experienced training professionals will share tips and ideas to find better, more cost-effective training opportunities including the pros and cons of in-house versus outside training, the benefits of group versus individualized training, virtual training and tapping into expert talent within your company.

Good training doesn’t have to be expensive. Join us on Wednesday, October 15, 2008, at 1 p.m. EST for the free webinar - Squeezing the Most Out of Your Training Budget: Corporate Training in a Recession. Space is limited, reserve your seat now.

Improve teams, invest in talent with corporate training in a recession

USERRA helps veterans get back to work

Earlier this month, the President announced the withdrawal of 8,000 troops from Iraq by next February and the deployment of others to Afghanistan.

With 8,000 troops expected to return to the U.S. by next year, employers need to be prepared and understand the details of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 

USERRA provides reemployment protection and other benefits for veterans and other employees who perform military service. The law applies to all employers, regardless of size and all service members, including those who volunteered to serve.

"Service members transitioning from the military today are some of the most educated, technically savvy, professionally qualified the armed forces have ever produced," says Willie Hensley, deputy assistant secretary for human resources management and labor relations for the U.S. Department of Veterans Affairs.

Many service members have received expert training in areas such as engineering, health care, information technology and security. Even with their qualifications, helping service members transition back into the workplace can be a difficult process.

For employers looking to hire veterans and advice for transitioning soldiers, visit sites including:

• RecruitMilitary.com
• HireVetsFirst.gov
• VetJobs.com
• MilitaryHire.com
• The Riley Guide
• Military.com
• TAOnline.com

For more information on how USERRA protects the employment and benefit rights for employees who serve in the military and your responsibilities for accommodating disabled veterans visit GNeil.com and take a look at our E-Guide: When Soldiers Return to Work.

USERRA helps veterans get back to work

Target $6 million settlement: Is your site ADA compliant?

Target Corp. has recently agreed to a $6 million settlement class-action lawsuit after failure to accommodate blind customers on their website.

In early 2006, The National Federation of the Blind (NFB) and others charged that blind people could not access Target.com, citing “public accommodation” provisions under the Americans with Disabilities Act (ADA).

Target fought the lawsuit, claiming that ADA provisions only related to their “brick-and-mortar” stores. The court found that Target.com was a “gateway” to stores and “heavily integrated” with physical stores, making the website subject to ADA requirements.

In addition to setting up a fund from which plaintiffs can make claims, Target will make all necessary changes to their website to ensure customers using screen-reader software can find the same information and make transactions as all other users. The NFB will regularly test website improvements once completed.

Target also agreed to hold regular training sessions for its Web developers and review quarterly reports of complaints regarding Target.com’s accessibility.

Legal experts advise companies with websites that are “heavily integrated” with brick-and-mortar stores to consider upgrading, allowing better accessibility for the blind and disabled.

Experts also warn employers who regularly post employment opportunities and job applications on their website to consider making changes to comply under the ADA’s employment discrimination provisions and ensure full access to disabled individuals.

Target $6 million settlement: Is your site ADA compliant?

Agencies step up outdoor workplace inspections in rising temperatures

For outdoor workers, high temperatures can pose life-threatening risks. In the past weeks, extreme heat in California has prompted officials to increase state-wide heat illness prevention inspections.

Cal/OSHA investigators have named Fresno, Stanislaus, San Joaquin, Napa, Sonoma, Yolo and Santa Clara as the first targeted counties. Officials then plan to increase outdoor workplace investigations in Kings, Tulare and Kern counties.

“California is the first state in the nation to have regulations to protect outdoor workers from exposure to heat. We have done an extraordinary job in raising awareness of what heat illness is and in ensuring that outdoor employers are trained to detect and respond to heat illness,” said John Duncan, Director of the Department of Industrial Relations.

This year Cal/OSHA has conducted almost 1,300 heat illness inspections across all outdoor industries, surpassing the 1,018 total number of inspections last year. Officials have issued almost 350 citations for heat illness prevention and expect more.

OSHA requires all employers to provide a safe environment for employees. Unsafe workplaces put employees in danger and employers at risk of hefty OSHA fines for workplace safety violations.

To protect workers from the dangers of extreme temperatures, employers should:

• Develop a written employee safety policy and outline procedures if workers fall victim to heat-related illness. Enforce policies to ensure the safety of every worker.


• Implement employee safety training. Train supervisors and workers on how to prevent heat illness, how to recognize heat illness symptoms and what to do if they or a coworker exhibits symptoms of heat-related illness.


• Post safety posters reminding employees of the dangers of extreme temperatures. Workplace safety posters and notifications promote awareness of heat-related dangers and help employers comply with mandatory Cal/OSHA standards.


• Provide workers with ample amounts of water and shaded areas for rest when working outdoors. Encourage workers to stay hydrated and take frequent, short breaks to stay safe in the heat.

Employers can find more information at the Cal/OSHA website, OSHA website or at your local OSHA office. For extreme heat exposure kits and more employee safety training solutions, visit GNeil.com.

Agencies step up outdoor workplace inspections in rising temperatures

Workplace deaths down, OSHA proposes new PPE rule

On-the-job deaths in 2007 dropped to a historic low, evidence that worker safety and health programs are working, according to the Bureau of Labor Statistics.

Last year there were 5,488 worker deaths, the lowest number the Bureau of Labor statistics has seen since they began tracking the statistic in 1992.

"This is continued evidence that the initiatives and programs to protect workers' safety and health, designed by and implemented in this administration, are indeed working," Labor Secretary Elaine Chao said.

The most dangerous jobs in the U.S. (fatal injuries per 100,000 workers) are:

• Fishers and related fishing workers (111.8)
• Logging workers (86.4)
• Aircraft pilots and flight engineers (66.7)
• Structural and steel workers (45.5)

In the private sector, the construction industry is the most dangerous, with 1,178 deaths in 2007, a five percent decrease from the previous year.

In related news, last week the Occupational Safety and Health Administration (OSHA) announced in the Federal Registrar that it is taking public comments on a proposed rule regarding Personal Protective Equipment (PPE) and training standards.

The Notice of Proposed Rulemaking (NPRM) clarifies that when OSHA requires an employer to provide PPE for an employee, the employer must do so for each employee subject to the requirement.

OSHA requires employers to use and train employees on PPE to reduce employee exposure to hazards. The new amendment clarifies that each unprotected or untrained employee may be considered a separate violation under OSHA penalties.

OSHA is accepting public comments on the proposed rule at the Federal eRulemaking Portal until September 18, 2008.

Workplace deaths down, OSHA proposes new PPE rule