Benefits November 1, 2011

Survey Shows Need for Equality in Workplace

November 1, 2011 (PLANSPONSOR.com) - Findings from Randstad's latest Global Workmonitor survey reveal that 34% of Canada's male employees and 25% of female employees say their employer tends to choose a man for positions even when there are equally suitable male and female candidates.  

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The results are similar in many other countries (Belgium, Chile, Denmark, France, India, Italy, and Mexico), as male employees more often than female employees state that even when there are equally suitable male and female candidates, their employer tends to choose a man, regardless of the current ratio of men to women.

According to the report, in Canada, 57% of female employees and 47% of male employees believe that their organization performs best when there is an equal ratio of men to women on the team. Germany, Luxembourg, Slovakia, Sweden, and Turkey, had similar results. The exceptions are in France (58%) and the U.S. (56%) where more male employees believe that an equal ratio of men to women would positively influence performance.

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The results also find that female employees prefer to work with men and male employees say they prefer to work with women. In Greece, India, Japan, and Singapore, male and female employees do not differ in their preference for a male or female colleague. In Canada, working with men is more preferred by female employees (51% vs. 38%), while working with women is preferred by male employees (42% vs. 27%).

Additionally, only 28% of Canadian men and 34% of Canadian women believe that the performance of their organization would improve if they had more women in higher management. In Argentina, Greece, India, Luxembourg, and Slovakia, most female employees share this opinion. While in France, 48% of male employees believe in the positive impact of women in higher management.

Compliance November 1, 2011

Employer E-mail Could Show FMLA Bias

November 1, 2011 (PLANSPONSOR.com) – A federal appellate court has determined that an employer’s reference of an employee’s Family and Medical Leave Act (FMLA) leave in an e-mail recommending his termination could be considered retaliation under the FMLA.
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In its opinion, the 7th U.S. Circuit Court of Appeals noted that managers at the American Medical Association (AMA) had determined they would eliminate another employee’s position in response to the AMA’s request for departments to reduce costs as a result of the effects of the 2008 economic downturn. Following William Shaffer’s request for FMLA leave in anticipation of an upcoming surgery, the managers changed their minds and decided to eliminate Shaffer’s position instead.  

The court said an e-mail explaining the change of mindset could lead a reasonable jury to conclude that Shaffer was terminated because of his request for leave. In the e-mail one manager told another that since the department was preparing for Shaffer’s absence due to leave already, eliminating his position would have no “immediate negative impact.”  

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In a previous discussion, the managers had said terminating the other employee made the most sense, as his responsibilities had already been decreased. They also discussed terminating Shaffer, but decided it would not be in the best interest of the AMA.  

The AMA maintained that the change in decision was based on other reasons, including Shaffer’s high salary and the backup available for Shaffer’s duties within his staff. However, the court decided the content of the e-mail and the timing of the change in decision could lead a jury to find otherwise.  

The appellate court reversed a lower court decision and remanded the case for further proceedings.  

The opinion in Shaffer v. American Medical Assn. is available at http://www.ca7.uscourts.gov/tmp/CM0KUBTP.pdf. 

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