Compliance December 19, 2011

EEOC Launches Small Business Task Force

December 19, 2011 (PLANSPONSOR.com) – The U.S. Equal Employment Opportunity Commission (EEOC) launched an internal task force to focus on outreach to small businesses.  

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The Small Business Task Force, led by Commissioner Constance S. Barker, will work to find ways in which the agency could better collaborate with the small business community to ensure compliance with federal anti-discrimination laws.

The internal task force includes EEOC District Directors from the Birmingham, Charlotte and San Francisco offices; program analysts responsible for outreach from the San Antonio, Los Angeles and Philadelphia offices; and representatives from the Offices of Field Programs, General Counsel, Legal Counsel and Communications and Legislative Affairs.

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The Task Force will, among other things, develop recommendations on how to:

•  Utilize new technology to expand outreach to small businesses;

•  Develop technical assistance and training initiatives for small businesses;

•  Identify specialized approaches to aid small businesses owned by women and minorities;

•  Identify specialized approaches for micro businesses, generally those with 50 or fewer employees; and

•  Enhance small business information and training on the EEOC’s website.

The Small Business Task Force plans to focus on newly established small businesses and those that are too small to afford lawyers or human resource personnel.

“I am pleased that Commissioner Barker is leading this important effort to assist small businesses in complying with the laws and regulations enforced by the EEOC,” Chair Jacqueline A. Berrien said. “The Task Force demonstrates our commitment to strengthening the lines of communication with small business owners and educating them about their responsibilities, including the benefits of preventing and resolving discrimination claims.”

“This Task Force is particularly timely because America’s economic recovery depends to a large extent on the ability of small business to continue to thrive and to grow their businesses,” Commissioner Barker stated. “It is appropriate that we take a fresh look at our interactions with the small business community to see if we can better serve them.”

The Task Force will work during 2012 to develop recommendations to the Commission, which will be presented in a public Commission meeting.

The Commission invites members of the public to submit written input on the Task Force. Public comments may be e-mailed to smallbusiness@eeoc.gov, or mailed to: EEOC Small Business Task Force
131 M Street, N.E., Washington, D.C. 20507.

All comments received will be made available to members of the Commission and to Commission staff working on the Task Force. Comments will also be placed in the EEOC library for public review.

Benefits December 19, 2011

EEOC Sues Wal-Mart for Refusal to Allow Handicap Parking

December 19, 2011 (PLANSPONSOR.com) – Wal-Mart is being sued by the U.S. Equal Employment Opportunity Commission (EEOC) for failing to allow a disabled employee to use handicap parking spaces.
 

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According to the lawsuit, Wal-Mart later fired the worker because of his disability and in retaliation for asserting his civil rights.

David Gallo worked at the Wal-Mart in Placerville, California,  starting in June 2003. During his six years at the store, Gallo’s successful performance was reflected in promotions from overnight stocker to manager of the store’s tire lube express bay, the EEOC said.

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Gallo has atrial fibrillation, a heart condition that causes shortness of breath and difficulty walking. In March 2008, the new store manager barred Gallo from parking in the handicap parking spaces and any spaces close to the front of the store, despite the company’s knowledge that Gallo had a disability. Gallo filed a charge with the EEOC for Wal-Mart’s failure to accommodate his disability in September 2008. Eight months later, he was fired allegedly for an error made by a subordinate, even though the subordinate and the inspector who had reviewed his work were not discharged.

“Letting me park closer to my job was a little thing for Wal-Mart, but would have made a big difference to me,” stated Gallo. “The store manager made me move to the back of the parking lot, even after I showed him my handicap placard. I asked for a simple accommodation, and I lost my job over it.”

After first attempting to reach a pre-litigation settlement through conciliation, the EEOC filed the lawsuit (EEOC v. Wal-Mart Stores, Inc., No. 2:11-AT-01806)  in the U.S. District Court for the Eastern District of California, and is seeking monetary damages on behalf of Gallo, training of Wal-Mart employees on the Americans with Disabilities Act (ADA) and other steps to prevent future discrimination.

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