There is no question the most expensive claims in workers comp have attorney involvement. means they are in general, associated with the claims drive the costs; but there are some misconceptions about workers comp attorneys and their fees in New York.
First, all attorney fees in workers comp MUST be awarded by a judge or the Board. This means attorneys can only receive what the Board decides they should have.
Second, nearly 90% of all claims handled by workers comp attorneys are handled for little profit, or even at an actual loss. WCxKit
Third, for 63 years, since 1947, the Board has decided to link high attorney fees with permanent disability. The link seems to make sense but, in fact, it rewards the outcomes the Board claims it is trying to avoid – permanent wage loss and permanent disability.
Fourth, the Board awards fees from awards for past periods of disability resulting in new “money moving.”
The above results in the highest fees on claims with the poorest outcomes — ineffective treatment, delays in paying for lost time, permanent loss of a job — all because the Board decides these are the results most worthy of fees. WCxKit
It is a misconception attorneys lobbied to get the Board to see things this way. Detailed research on the history of Board policy towards attorney fees reveals not a single example of attorney input. The attorneys are, and always have been, “opportunistic feeders,” gravitating naturally to the most profitable claims and services. Those who don’t soon find themselves in charge of a failed charity.
The changes in law creating the high fees claims have always been at the request of carriers. These are changes permitting permanent disability claims to be settled for a lump sum payment, instead of bi-weekly checks paid for years or decades. The lump sum permits carriers, especially the New York State Insurance Fund, to lower the costs on a claim. But a lump sum also provides attorneys with the opportunity for fees many times higher than fees on other claims.
In the 1970s, with a maximum weekly rate of $95, a maximum lump sum was less than $25,000 for a five-year settlement and the fee, set by the Board, was a uniform 10%, or $2,500 maximum. WCxKit
Currently, the maximum weekly is nearly $740, and the fees can be 15% of the NINE-year settlement being demanded, plus 15% of the future medical payments which now must be part of the settlement. With the new settlements, the max attorney fees will approach $65,000, twenty six times higher than the 1975 maximum.
What role did the attorneys play in these changes? None. What caused the changes? The need to bring closure on permanent disability claims and the New York Board’s historic tendency to close most of the claims with lost time in excess of six months on a finding of permanency.
How much will partners in a successful workers comp practice make in the new environment? It depends entirely on volume – and volume is down. The Board has made changes removing many of the smaller claims from the calendar, which means fewer small claims can turn into major claims, which they often do with naïve carrier handling. However, the much larger fees mean lawyers can concentrate on fewer claims, and pay for correspondingly lower overhead, but still achieve much higher profits with a smaller office staff. WCxKit
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers' compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
What is a Not-for-Profit (NFP) Return To Work (RTW) Program?
An NFP Return To Work program is designed to provide an immediate modified duty opportunity for injured workers when they have temporary restrictions and are unable to perform their regular job duties. The alternate positions are located in charitable or volunteer organizations of many types.
It is an alternative solution for the employer if they do not have a program in place or if they are unable to accommodate and supervise in-house modified duty job tasks within the injured workers’ temporary restrictions.
Overall this program can help employers lower their workers’ comp costs – the ultimate goal.
When should a Not-for-Profit RTW Program be utilized?
1. When an employee is injured on the job and receives temporary restrictions from a physician limiting his/her ability to perform his/her regular job duties. The temporary restrictions for NFP consideration are usually limited to 120 days.
2. When the employer is unable to provide and supervise in-house modified duty job tasks within the injured worker’s temporary restrictions.
3. When the employer has an outside workforce and the injured worker does not live in close proximity to any of the employer sites. WCxKit (i.e., transportation, sales, healthcare, construction, etc.).
Why consider using a NFP facility for a RTW program?
1. To reduce or eliminate weekly indemnity payments (TTD, TD, TPD, Weekly Comp Check) and keep the injured worker on regular payroll.
2. To reduce the number of lost time days.
3. To positively influence the Mod Factor.
4. To promote regular communication between the employee and the employer during the recovery period.
5. To establish community involvement for the employer and injured worker.
6. To support the injured worker with a minimal lifestyle disruption by being active in the community.
How does the process work?
The process starts by identifying temporary restriction cases where the injured worker is projected to return to work within the next 120 days. The employer can implement this program immediately. The WC Administrator, TPA, Insurance Company, Claim Handler, Claim Manager, Medical Case Manager, Broker, Risk Consultant or others involved with handling such claims can also recognize specific cases and recommend the program to the employer.
A NFP facility is located within reasonable distance to the injured workers’ residences where they can volunteer while working on behalf of the employer. Although there may be numerous NFP facilities surrounding the injured workers’ locations you must often be creative in finding those that can accommodate the injured workers’ restrictions. WCxKit
When a volunteer position is secured:
1. Job tasks are developed and days/hours are coordinated with the NFP supervisor.
2. The employee is taken off weekly Indemnity, (TTD, TD, TPD, Weekly Comp Check) and resumes regular payroll processing through the employer.
3. The NFP supervisor validates the days and hours worked including the time away for work related medical care and reports this weekly to the employer for payroll processing.
4. The injured worker’s volunteer position at the NFP would end if the restrictions change, if the employer is able to accommodate the employee in-house, or when the injured worker receives a full duty release from the physician. WCxKit
Summary
To maximize the benefits of using a NFP, a position should be secured at the earliest possible date, even if the employee is expected to be there for only a short period. Timing is Essential!
Any employer can effectively integrate utilizing a NFP in their RTW program and it is generally accepted by most unions based on the contract.
Author - We welcome contributing author
Dan Varner, President of Varner Claims Consulting, LLC. Varner specializes in return-to-work programs and cost saving solutions. He has over 30 years of experience in the insurance claims Industry and can be reached at 312-450-3259 or
dan@varnerclaimsconsulting.com or visit the website
www.varnerclaimsconsulting.com for further information.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Are you nervous talking to your workers compensation adjuster? Don't be. The adjuster works for the insurer (whether the adjuster is a staff adjuster working directly for the insurer, or the adjuster works for a third party administrator (TPA) who is handling the workers comp claims for the insurer) and the insurer wants you to be happy with the claim service. The adjuster knows that ultimately your happiness with the quality of the his/her claim handling is key to the continuation of your company's insurance with the insurer.
While the smart adjuster wants you to be happy with the work product, the adjuster also realizes he/she is the claims professional and it is the adjuster's responsibility to direct and control the claim. WCxKit. The sharp adjuster welcomes your input and the information you provide while continuing to manage the claim.
To create a strong working relationship with the dedicated adjuster (an adjuster whose entire workers comp claim inventory is for your company) or the designated adjuster (an adjuster who handles all of your company's workers comp claims plus claims for other employers), please keep in mind some basic guidelines.
Establish Rapport
Whether you are working with a dedicated adjuster or a designated adjuster, having rapport with the adjuster goes a long ways toward having a good working relationship. Rapport is more than asking about the weather at the start of your conversation. It is knowing your adjuster and something about him/her other than work, whether WCxKit it is asking about vacation or the his/her child's school program. By showing an interest in the adjuster as a person, you build a bond designed to make difficult issues easier to discuss.
Be Focused
After a minute or two of establishing rapport with the adjuster, be ready to address the claim you are calling about. Prior to calling the adjuster, review your file notes on the claim in question. It will be helpful to you to jot down the questions you want to ask the adjuster about the claim and the reasons for asking. Knowing your reason for asking each question allows the adjuster to provide a focused answer. Without an explanation, the adjuster will draw his/her own conclusions and may unknowingly give you an answer not fully covering what you need to know.
Be Respectful
It is always wise to remember the workers comp adjuster is the claims professional. The adjuster should be current in the handling of the claim and handling the claim in accordance to the Best Practices that are included in your service contract with the insurer or TPA. If for some reason the adjuster has not handled the claim correctly (in your opinion), don't berate the adjuster or question the adjuster's competence WCxKit. (if you want any more work done on your claims). You need to learn why the adjuster has not acted and to get the adjuster back on track. The easiest way to do this is to ask questions.
Ask Open Ended Questions
The best way to ask questions is to ask open-ended questions allowing the adjuster to explain what was done, what was not done and what is planned for the future. If you ask only yes or no questions, you get yes or no answers, making the adjuster feel like your questions are an interrogation.
For instance, it is much better to ask: “I don't understand how this accident happened, how did [insert employee name] describe what happened?” rather than to say “You failed to take the employee's recorded statement?” The first approach gives the adjuster the opportunity to say “I have tried several times to reach the employee, but he has not returned any of my phone calls.” The second approach, however, puts the adjuster on the defensive and reduces the desire of the adjuster to do a good job for you.
By asking open-ended questions, you give the adjuster the opportunity to explain the status of the claim and the course of action the adjuster plans to take. If for some reason the adjuster is not volunteering the information you need, explain why you are asking followed by an open-ended question. For example “Nobody saw this accident happen, what can we do to be sure it is compensable?”
Have a Positive Attitude
Always remember the adjuster is working for you and wants to do a good job. Be positive in your approach with the adjuster in both your words and tone of voice. When the adjuster has met your expectations, praise “it sounds like you are doing a good job” and appreciation “thanks for your efforts on this claim” It will motivate the adjuster to continue to strive to do a good job for you and your company.
Be Willing to Listen
Sometimes the efforts of the adjuster just come up short. As you ask about any “failure,” giving your reasons and asking your open-ended questions, listen carefully to what the adjuster says. Often the adjuster has a valid reason activities have not been accomplished or the claim is not going the way you wish. By carefully listening to the adjuster, you will often be able to identify problems and suggest solutions to assist the adjuster in producing a better quality claim product.
Cooperate and Plan
After you have discussed all the questions you have about a workers comp claim, and have a complete understanding of where the claims currently stands, plan your further activity on the claim. Ask the open-ended questions “So I will know when to follow up with you, what is your plan to move the file forward?” “When do you expect to accomplish your action plan?” “Who else do we need to keep in the loop and how will that be done?”
Summary
Talking to your workers comp adjuster should be a pleasant experience providing you with the claim information you need for your company.
This can be easily accomplished by establishing rapport with the adjuster, keeping focused on the claim you are inquiring about and remembering the adjuster is the claims professional. The easy way to obtain information is to state why you are asking a question and then asking an open-ended question allowing the adjuster to explain the claim to you. Always keep a positive attitude with the adjuster and listen carefully to what the adjuster is saying about the claim. This will allow you to work with the adjuster to bring the claim to a conclusion.
\Author Rebecca Shafer, Consultant / Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
The EEOC charged Health Delivery Inc. stating the firm unlawfully refused to return to work an employee with a record of depression even though she completed a course of treatment and was approved to return to work.
The Michigan health services provider will pay $45,000 and furnish other relief to settle a disability discrimination lawsuit brought by U.S. Equal Employment Opportunity Commission (EEOC). (WCxKitz)
According to the EEOC’s lawsuit (Case No. 2:09-cv-13837 in U.S. District Court for the Eastern District of Michigan), the employee was a capable nurse for more than five years with Health Delivery, but the company refused to return her to work after a leave of absence because of her history of major depression, thus allegedly violating the Americans with Disabilities Act (ADA).
As part of the consent decree resolving the suit (entered by Judge Thomas Ludington), Health Delivery will pay $45,000 to the nurse. Health Delivery also agreed to implement disability discrimination policy changes and to provide training to all of its management and supervisory employees regarding ADA policies. (WCxKitz)
“We are pleased with the relief provided by the consent decree,” said Dale Price, the EEOC attorney who handled the case. “It provides meaningful relief to our client and protections for the employees of Health Delivery. It also reminds employers that they cannot make employment decisions based on fears and stereotypes about people with mental illness.”
\Author Rebecca Shafer, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Violence is a growing concern in the workplace, and while many may think of violence as only physical assault, it has a much broader definition.
To help people recognize and report these signs, the Canadian Centre for Occupational Health and Safety (CCOHS) developed informational material depicting various types of behaviors are considered to be workplace violence.
According to Jessie Callaghan, senior technical specialist at CCOHS, and expert in the areas of workplace violence and bullying,
Workplace violence is:
1. ANY act in which a person is abused, threatened, intimidated or assaulted in his or her employment.
2. It’s NOT limited to incidents occurring within the traditional workplace, i.e. –
3. Work-related violence can occur at:
a. off-site business functions
b. at work social events
c. in clients' homes
d. away from work but resulting from work, such as a threatening telephone call to your home from a client
Workplace bullying is a form of workplace violence involving repeated incidents or a pattern of behavior that intimidates, offends, degrades or humiliates a person or group, or is an assertion of power through aggression.
Each of these acts is considered a serious workplace problem and can cause undue stress, anxiety and low morale, ultimately affecting the individual, the employer and productivity as a whole for the organization.
For more information on violence and bullying and to download free PDF posters, please visit the CCOHS website at www.ccohs.ca.
\Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
An Act (Bill 168) to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace officially came into force recently in Canada. Is your workplace in compliance?
Representing the most significant changes to the Occupational Health and Safety Act in almost two decades, these new amendments set forth tremendous obligations for employers.
Chief among them is the requirement for employers with six or more workers to develop and implement workplace violence and harassment policies and program(s). To this end the employer must provide all workers with information and instruction on the content of these workplace policies and related measures. The new law also requires measures to address domestic violence as a potential source of workplace violence. (WCxKitz)
To employers comply with the new legislation, the Toronto-based Workers Health & Safety Centre (WHSC) developed a new Workplace Violence and Harassment Program. The three-hour training program covers essentials for those creating a new workplace-specific program or evaluating an existing workplace violence program.
WHSC training participants discuss:
1. Definitions of workplace violence, harassment, domestic violence and bullying.
2. Legislative requirements.
3. Behavior(s) that could be considered harassment.
4. Sources of workplace violence.
5. Causes of workplace violence.
6. Warning signs of workplace violence.
7. Related risk factors and their assessment.
8. Eliminating or controlling risk factors.
Participants cover information important to addressing domestic violence:
1. Signs a victim of domestic violence may exhibit.
2. Signs a perpetrator of domestic violence may exhibit.
3. Components of an effective domestic violence program.
4. What employers, JHSC, co-workers can do to assist the victim of domestic violence.
5. Domestic violence resources.
In addition to the Workplace Violence and Harassment Program, WHSC has developed two compliance checklists. One checklist helps workers determine if their employer is in compliance. The other checklist helps employers determine what they need to do in order to comply with the new law. (WCxKitz)
To learn more about WHSC’s new Workplace Violence and Harassment Program call 1-888-869-7950 and ask to speak to a training service representative.
\Author Rebecca Shafer, Consultant/Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Two publications explaining to businesses how to remain compliant with workers compensation and disability requirements were recently made available by New York State's Workers Compensation Board.
The Prove It to Move It manual is directed toward employers applying for a government permit, license or contract. Since those businesses must prove they’re complying with New York workers comp and disability benefits requirements, the manual explains the forms and processes necessary to move those applications toward completion. Sample forms are included. Prove It to Move It also explains to governments how to handle the forms, and the information the state must see. (WCxKitz)
The revised Employers’ Handbook provides New York employers with general information regarding their rights and responsibilities under the state’s workers comp and disability programs. The manual covers who needs insurance, the claim process, details on insurance, how to determine who is an independent contractor, handling penalties, and many common questions and scenarios.
Employers with questions can call the Compliance Unit, at 1-866-298-7830.
\Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604...
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
“Let’s Make History Again!” is the theme of a new organization recently launched to celebrate the centennial of United States workers compensation systems in 2011. Two long-serving Wisconsin governors, Jim Doyle and Tommy Thompson, will serve as the initial honorary commissioners of the new organization.
The Workers Compensation Centennial Commission (WCCC) is a non-partisan entity organized by a coalition of Wisconsin-based business, labor and government leaders. Wisconsin is the launch site of the WCCC because Wisconsin passed the first constitutional workers compensation law. Organizers plan to reach out to other states to join in the celebration. (WCxKitz)
“Let’s Make History Again!” is a public relations campaign urging U.S. postal authorities to announce a commemorative stamp honoring the centennial. WCCC recently launched a national website www.workerscomp100.org
In 1961 a similar public relations campaign resulted in a White House event with President John F. Kennedy and Wisconsin Gov. Gaylord Nelson to honor the 50th anniversary of workers compensation.
“When nine states enacted new workers compensation laws in 1911, it was a dramatic recognition of society’s responsibility to the workforce,” said Greg Krohm, executive director of the International Association of Industrial Accident Boards & Commissions. “Today, workers compensation stands as a pillar within the U.S. economic system that benefits all Americans.”
Additional honorary commissioners are expected to be name within the next few months to give the new organization a national profile, said Frances Huntley-Cooper, administrator of the Wisconsin Division of Workers Compensation, and a member of the organizing committee. (WCxKitz)
In addition, a large WCCC Advisory Board is being assembled, with diverse representation across business, labor, government and academia to plan a series of 2011 events.
\Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Georgia became the 26th state to ban texting while driving On July 1, 2010. (Various other states are considering similar laws). Safe driving laws – like NO texting while driving – are designed to protect the public, but an important side effect of safe driving laws is a reduction in the number of workers' compensation injuries, deaths and claims. Automobile and truck accidents are the leading cause of workplace deaths, with 1,300 work-related traffic fatalities each year. So, while this may sound like common sense, it bears repeating….
There are strong reasons states ban texting while driving. According to a study by the Virginia Tech Transportation Institute, a truck driver texting while driving is 23.2 times more likely to be involved in a traffic accident than a truck driver who is not distracted and paying full attention to driving. In fact, texting while driving is 6 times more likely to result in a traffic accident than driving while intoxicated. Other facts from their study include: (WCxKitz)
1. A truck driver dialing a cell phone is 5.9 times more likely to crash than a non-distracted driver.
2. A car driver dialing a cell phone is 2.8 times more likely to crash than a non-distracted driver.
3. A truck driver reaching for a cell phone is 6.7 times more likely to crash than a non-distracted driver.
4. A car driver reaching for a cell phone is 1.4 times more likely to crash than a non-distracted driver.
5. A car driver talking on a cell phone is 1.3 times more likely to crash than a non-distracted driver.
6. For every 6 seconds a driver spends texting, 4.6 of those seconds are with their eyes off the road, which makes texting the most dangerous cell phone activity.
Employers who haven't already instituted a “no texting or cell phone use while driving” policy should do so. Not only is your company more exposed to workers compensation claims from your distracted drivers, your company is also more exposed to liability claims and lawsuits arising out of the traffic accidents.
Texting and talking on a cell phone are not the only ways employees end up in work-related traffic accidents. If your company does not already have a safe driving program, it should institute one to address the various causes of accidents. The program does not have to be complex. It should use common sense and easy to understand principles of safety. For instance, you could include in your safe driving program rules such as:
1. Always wear a seatbelt and shoulder harness.
2. Never drive under the influence of medications, alcohol or illicit drugs.
3. Always obey all speed limits.
4. Always pay attention and be alert.
5. Slow down in bad weather – fog, rain & snow.
6. Leave early with plenty of time to make your destination on time.
7. Remain calm, chill out and avoid any type of road confrontation.
8. Select the safest route. (WCxKitz)
9. Never drive while tired or sleepy.
10. Keep a safe distance from vehicles in front of you and behind you.
11. Drive defensively at all times.
Many vehicle safety programs can be found on the internet, both for sale and for free. If you do not already have a safe driving policy as part of your safety program, it is strongly recommend you create one. Every delivery truck driver, every traveling salesman, any employee with a company car or any employee operating a personal car on company business should be included in your safe driver program.
From a liability standpoint, your safe driving programs should include:
1. A traffic violations record check on every person operating a vehicle on company business.
2. A policy of not allowing anyone with a DUI conviction to operate a company vehicle or a privately owned vehicle on company business.
3. A policy of not allowing anyone with a set number of points (your company decides how many) to operate a company vehicle or a privately owned vehicle on company business.
4. Road testing the driver's ability if the primary job function is operating a vehicle.
Drivers are not the only ones who can be involved in traffic accidents. Road construction and road maintenance workers are exposed to injuries from traffic. Police, emergency responders and tow truck drivers can also be injured due to traffic. If you have any employees in these categories they definitely need to be included in your safety program. (WCxKitz)
Often a company's safety program is designed to mitigate and minimize on premise accidents. However, failure to consider driver safety can result in an increase in your workers compensation exposure. A good safe driving program is an important part of a complete safety program.
Author Rebecca Shafer, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
The largest manufacturer of metal food containers in North America, Silgan Containers Manufacturing Corp., will pay $45,000 to settle a race discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.
The EEOC filed the lawsuit against Silgan on behalf of an African-American man who suffered alleged discriminatory treatment resulted in his termination from Silgan’s Oconomowoc, Wis., facility. In its lawsuit, the EEOC charged Silgan violated federal civil rights law by intentionally delaying the hiring of the man and then firing him because of his race. (WCxKitz)
According to the EEOC, after the man was finally hired, his immediate supervisor – who no longer works for Silgan – subjected Henderson to disparate and discriminatory treatment such as holding him to a higher standard on his work than non-black employees. Finally, the EEOC charged, Silgan fired the employee for racial reasons after less than one month on the job.
U.S. Magistrate Judge William Callahan entered the consent decree resolving the lawsuit on July 1, 2010. In addition to providing monetary compensation to the worker, the two-year decree requires Silgan to notify the EEOC of any complaints of discrimination at its Oconomowoc plant for the next two years. Silgan must report to the EEOC information about its hiring practices at the Oconomowoc facility for the duration of the decree. The company must also train its managers, supervisors and human resources employees in Oconomowoc about their responsibilities under Title VII. (WCxKitz)
“This case demonstrates racial discrimination in the American workplace is a serious and ongoing concern,” said John Rowe, EEOC district director in Chicago. “Employment discrimination has a devastating effect on workers. Fortunately, we were able to alleviate effect in this instance because this worker took action on his own behalf by filing a charge with the EEOC.”
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
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