Having problems viewing or printing this newsletter? Click here.

Ice Miller website
Ice Miller website
Ice Miller website
Headlines



Researchers Say Ageist Language Decreases Workplace Productivity
According to an analysis of age-discrimination lawsuits, using even subtle ageist language with older workers has a negative impact on employee productivity and company profits. Despite an increased presence of older employees, researchers discovered that ageist language still exists in many workplaces -- and it can have damaging effects for both companies and workers.
(Source: Occupational Hazards, 2008-04-10) Read the full article
USCIS Receives 20% More H-1B Visa Requests for Next Year
The number of petitions for H-1B temporary workers filed for next year increased overall by about 20 percent this time around, U.S. immigration officials said. U.S. Citizenship and Immigration Services said it had closed this year's application window, having received more than enough petitions to meet a congressionally mandated cap of 65,000 visas and fill another 20,000 slots for foreigners holding advanced degrees from U.S. universities.
(Source: CNET News.com, 2008-04-11) Read the full article
Different Generations Don't Vary Much on Work Attitudes
Contrary to much that has been written about the differences between generations regarding their attitudes toward work and their engagement in their jobs, these variations are actually relatively small, according to research completed by Sirota Survey Intelligence. "With the exception of employees age 63 and older, the differences between employees' levels of engagement in their jobs are fairly narrow," said Douglas Klein, president of Sirota Survey Intelligence.
(Source: CCH Business & Corporate Compliance, 2008-04-14) Read the full article
Global Survey Finds Execs Believe CEOs Paid Too Much
In another sign of growing demand for increased oversight of CEO compensation, more executives are saying the heads of their companies are paid too much, according to a global survey. Thirty-four percent of respondents to the survey by executive recruiter Korn/Ferry International expressed concern about their CEOs' compensation, compared with 21 percent a year ago.
(Source: Reuters, 2008-04-15) Read the full article
Groups Try to Persuade Candidates Over Union Rights
Business and labor groups have taken last year's expensive lobbying fight over secret ballots and unions to campaigns across the country, as both sides highlight research suggesting candidates would be better off embracing their positions. A coalition of business groups is pressing a new poll that concludes Sens. Norm Coleman (R-Minn.) and Susan Collins (R-Maine) could be boosted by their votes last year against the Employee Free Choice Act, which would allow workers to form unions without a secret ballot.
(Source: The Hill, 2008-04-15) Read the full article
Employees More Concerned About Saving Enough for Retirement
A new survey found that rising health-care costs and a shaky economy have consumers worried about saving enough to keep them comfortable in retirement. The Employee Benefit Research Institute's annual survey showed the weakest worker confidence in seven years with just 61 percent saying they were "very confident" or "somewhat confident" of having enough money for retirement, down from 70 percent in 2007 and the poorest showing since 63 percent in 2001, when the economy was in recession.
(Source: Louisville Courier-Journal, 2008-04-14) Read the full article
Obese Employees Cost Companies $45 Billion a Year
The rate of obesity in the United States has doubled in the last 30 years, and those extra pounds weigh on companies' bottom lines, according to a new report from The Conference Board. Obese employees cost U.S. private employers an estimated $45 billion annually in medical expenditures and work loss.
(Source: Insurance Journal, 2008-04-10) Read the full article
NBC's "The Office" Offers Real-Life Lessons in Employment Law
Ever since Michael Scott commanded his employees to smack ethnic labels on their foreheads and guess their identity by how coworkers treated them, we've come to expect one thing from NBC's The Office: stingingly funny satire that rings uncomfortably true in the workplace. There are indeed lessons to be found in the foibles we find so funny during those 30 minutes each week.
(Source: U.S. News & World Report, 2008-04-08) Read the full article
Xerox to Pay $12M to Settle Class-Action Discrimination Suit
Xerox and representatives of current and former black sales representatives have settled a class action lawsuit accusing the officer equipment manufacturer of race discrimination. The settlement would require Xerox to pay $12 million to 1,100 former and current employees and includes legal fees.
(Source: USA Today (free reg. req'd), 2008-04-11) Read the full article
Jury Awards Teachers $1.2M in Age, Gender Discrimination Suit
A federal jury in Pittsburgh has awarded 12 Elizabeth Forward teachers about $1.2 million in back pay and compensatory damages for age and gender discrimination by the district. However, the final cost to the district could be about three times that amount, if a 2005 decision for three other teachers is any indicator.
(Source: Pittsburgh Tribune-Review, 2008-04-10) Read the full article
DHS Extends Students' Time Without Need to Get Worker Visas
The U.S. Department of Homeland Security has extended the time some foreign graduates of U.S. colleges can stay in the country and work, earning the agency praise from Microsoft and other supporters of increased numbers of foreign worker visas. DHS extended from 12 months to 29 months the length of time a graduating student in science and technology fields can stay in the U.S. without a worker visa.
(Source: PC World, 2008-04-12) Read the full article
Baltimore County Could Pay $19M in Pension Discrimination Suit
Baltimore County could be forced to dole out more than $19 million to pay back alleged "excess" pension contributions to older employees, actuaries said. The estimate came in response to a federal age discrimination lawsuit filed against Baltimore County government for requiring older employees to make higher pension contributions than younger employees.
(Source: The Examiner, 2008-04-12) Read the full article
Headlines
Rethinking Retaliation: Sixth Circuit Expands the Availability of Retaliation Claims
Susannah M.
Pieper
Susannah Pieper

In a recent case, a federal appellate court expanded the availability of retaliation claims under Title VII of the Civil Rights Act of 1964 (Title VII).  The plaintiff was fired soon after his fiancée, who also worked for the same employer, filed a charge of discrimination with the EEOC.  Despite the fact that the plaintiff had not personally complained about discrimination or harassment and had not himself opposed any unlawful practices, the U.S. Court of Appeals for the Sixth Circuit (which covers Michigan, Ohio, Kentucky, and Tennessee) held that he could maintain a cause of action for retaliation against his employer under Title VII.

Read the article regarding expanded availability of retaliation claims.

Local Hotel Workers March for Union Rights
Ryan Metzing
Ryan Metzing

Employees Want to Organize, Citing Health Care Expenses and Inability to Make Ends Meet

In the midst of headlines drawing attention to new union organizing campaigns and public demonstrations for union rights, the United States Court of Appeals for the Seventh Circuit—which has jurisdiction over employers located in Indiana, Illinois and Wisconsin—has reminded employers of their obligation to strike a fair balance between employee-organization rights and employer property rights.

Read the article about a necessary consideration companies must make for policies against forming unions.

Work Comp Corner

Upcoming layoff or plant shutdown?

Appoint a manager to investigate and deal with worker's compensation claims, even if you have a worker's compensation insurance carrier. Be sure that you keep all relevant records, including attendance, clinic or first aid logs, supervisor's records, and detailed job descriptions. Remember, claims may be filed as much as two years after the employee is terminated.

Please contact Kathleen Shortridge or Ann Stewart if you have any worker's comp questions.