Supermarket Company Settles ADA Suit for $3.2M

January 6, 2011 (PLANSPONSOR.com) – A supermarket company has agreed to pay $3.2 million as part of an out of court settlement with the U.S. Equal Employment Opportunity Commission (EEOC) over allegations it illegally terminated disabled employees after their medical leaves.

An EEOC news release said Jewel-Osco, which includes SUPERVALU INC., American Drug Stores LLC, and Jewel Food Stores, was charged in an EEOC lawsuit with maintaining a policy to fire the disabled workers rather than take them back with accommodations to handle their handicap after a leave. According to the government, 1,000 employees of the defendants’ Jewel-Osco stores in the greater Chicago area were allegedly terminated under this policy since 2003. 

The fund to be set up under the agreement approved by a federal judge provides for a $29,000 average award for the workers, the EEOC said. The company also agreed to provide additional employee training on the Americans with Disabilities Act (ADA), to hire consultants to make sure its job descriptions are accurate, and recommend potential accommodations to help the company rehire returning disabled employees from a medical leave.

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The company will have to report regularly to the EEOC on its efforts to accommodate employees with disabilities who are attempting to return from medical leaves of absence and will revise its communications with such employees to assure them that they need not be 100% healed to be considered for a return to work.

Employers Becoming More Flexible

January 6, 2011 (PLANSPONSOR.com) – A new CareerBuilder survey finds employers are becoming more relaxed about set schedules and dress codes as they take measures to enhance the overall work experience.

One-third of employers expect to offer more flexible work arrangements such as telecommuting and alternate schedules in 2011.  Fifteen percent reported they will provide a more casual dress code.  

A CareerBuilder press release said 41% of employers are concerned about losing their top talent as the economy improves.  While the majority of employers plan to increase salaries for existing staff in 2011, 39% will not be providing raises.  As a gesture of recognition to employees, 13% are offering higher titles, but without pay increases.   

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Along with more traditional job opportunities, employers are also adding new functions within their organizations in response to popular movements. Jobs centered around social media, green energy, and health care reform are being added in the New Year.  Hiring managers also reported demand for “cyber warriors” to protect Internet sites from security breaches or fraudulent activity.  

Thirty-five percent of employers reported that their current staffs are smaller than pre-recession levels.  Of those employers, most anticipate no adjustments to staff levels in 2011, with 57% reporting that they have become accustomed to handling the workload with less headcount.  Others pointed to their business changing focus and hiring in other areas.    

Nearly one-in-five U.S. employers (18%) reported they will be hiring for their operations in other countries in 2011.  Five percent stated they will likely recruit workers from other countries to work in the U.S.    

With smaller recruiting staffs facing larger amounts of job applications, employers are turning to technology to help identify viable candidates.  Six percent reported they have conducted video interviews with potential job candidates while 11% plan to do so in the New Year.  

Forty-two percent of employers said their company changed its business direction as a result of the recession.  The majority of these employers kept their core business, but added new revenue streams. More than one-quarter (27%) of those who shifted business direction reported they changed their core business altogether or expanded into areas that will eventually become their core business.  

The survey was conducted online within the U.S. by Harris Interactive on behalf of CareerBuilder among 2,482 U.S. hiring managers and 3,910 U.S. workers (employed full-time; not self-employed; non-government) ages 18 and over between November 15 and December 2, 2010.

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