|
RIGHTS STUFF
A Publication of the City of Bloomington Human Rights Commission
February 2023 Newsletter
| |
Featured in this Newsletter: | |
|
Fair Employment
- North Memorial Health to Pay $180,000 to Resolve EEOC Disability Discrimination Lawsuit
- Defining Nonbinary Work Wear
Accessibility/Disability Issues
- Pneuline Supply Settles EEOC Disability Discrimination Lawsuit
- Hiland Dairy to Pay $140,000 to Settle EEOC Disability Discrimination Suit
Fair Housing
- Respondent Obligations in Fair Housing Investigations Interactive Diagram
Know Your Rights
- Pregnant Workers Fairness Act
Book of the Month
TED Talk
Complaint of Discrimination
Commission/Staff
- About the Commission
- Upcoming Meetings
| |
North Memorial Health to Pay $180,000 to Resolve EEOC Disability Discrimination Lawsuit | |
|
In July 2020, North Memorial Health failed to hire an applicant who is deaf for a greeter position because of her disability and failed to provide her with reasonable accommodation. The applicant was qualified for the position and could perform the essential functions of the job. However, the company violated the Americans with Disabilities Act of 1990 (ADA), which requires the accommodation of employees’ and applicants’ disabilities and prohibits firing or refusing to hire an applicant due to their disability. North Memorial Health will pay $180,000 and provide other relief to settle a disability discrimination lawsuit. In addition, the two-year consent decree requires the company to apply its disability anti-discrimination and reasonable accommodation policies to all applicants and employees hired to work at the company. North Memorial also must include in all new contracts with staffing firms that provide contract or temporary workers an accommodation provision. Julianne Bowman, district director of the EEOC’s Chicago District, said “The consent decree’s requirement of training for managers and supervisors, involved in hiring decisions, on the ADA’s provisions against discrimination is critical to eliminating discrimination against disabled applicants.”
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination.
More information is available at www.eeoc.gov/eeoc-disability-related-resources.
| |
Defining Nonbinary Work Wear
With 1.2 million L.G.B.T.Q. Americans identifying as nonbinary, employers and employees are exploring what professional attire can look like. El Layla Johnson, 33, a former restaurant server who is now a therapist says getting dressed for work has been a struggle since adolescence. "I think people treat me with more dignity when I dress more masculinely," said Mx. Johnson. Many nonbinary people report unique pressures that accompany choosing a work outfit. Mx.Top, the therapist for El Layla Johnson, said it sometimes felt as if their manual for dressing as a nonbinary person "got lost in the mail.”
Ginger Copes, 32, works as a digital producer for CBS in Philadelphia. During an onboarding meeting, employees were encouraged to bring their whole selves to work. Mx. Copes ditched traditionally masculine looks in favor of maxi skirts paired with button-down shirts, and the response was positive. "I just pull down the maxi skirt, and boom: I'm masculine again," they said. Andy Izenson, 34, is the senior legal director of the Chosen Family Law Center in New York City. "My strategy in court is to be as invisible as possible," they said. "I overshoot in a masculine direction under those circumstances because I can't predict whether someone's going to look at me and think that I'm a man or a woman," they said.
In the United States, it is legal for employers to enforce rules related to attire, hygiene and grooming. Title VII of the Civil Rights Act of 1964 has consistently been interpreted to permit different dress codes for men and women. In 2020, the U.S. Supreme Court ruled that transgender employees were subject to the dress codes of their gender identity. According to Mx. Olivares, the government needs to embrace the idea of people wearing “whatever makes them feel powerful and confident and secure.”
Sami Nemir Olivares, 31, ran for New York State Assembly wearing a caftan and dresses as an overt statement about gender inclusivity in politics. Mx. Olivares championed the inclusion of nonbinary candidates in state and local politics. Cooper Howell, 34, moonlights as a bartender at a Manhattan gay bar and sometimes opts for a kilt as a reminder to be true to themselves.
"Dress codes can just go away," says Wendy Berry, the human relations director at Rainbow Health in Minnesota. “Grown-ups know how to dress, and anytime when you tell someone what they can and can’t wear, you’re literally just wasting your breath.” Lauren A. Rothman, the founder of Styleauteur, advises individuals and companies on work-appropriate attire. She maintains a list of retailers like Nordstrom, PacSun and Shein that offer gender-fluid options for nonbinary clients.
Mx. Kelli Dunham is a community school director for Counseling in Schools, an education nonprofit in New York City. Dunham: "Don't let stumbling over pronouns or the dress code make it difficult for what are going to be some of your best employees.”
The full article appears in the New York Times: tinyurl.com/NYTimesNonbinaryArticle
|  | | | |
ACCESSIBILITY/DISABILITY ISSUES | |
Pneuline Supply Settles EEOC Disability Discrimination Case | |
|
Pneuline Supply, a Colorado parts manufacturer, will pay $44,250 to settle a disability discrimination lawsuit. A deaf employee complained of discrimination after managers invited all other team members, except her, to team meetings. She requested a sign language interpreter to be present at performance reviews and disciplinary discussions. The company denied her request and instead fired her based on the need to provide her with reasonable accommodations. Such conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from making employment decisions based on disability.
“Employees with hearing impairments are entitled to the same access in the workplace as individuals without any impairment”, the EEOC says. The consent decree settling the suit requires Pneuline to review and update its disability discrimination and reasonable accommodation policies. The company will also provide training on the ADA to its managers and human resources staff.
For more information: tinyurl.com/PneulineArticle
| |
Hiland Dairy to Pay $140,000 to Settle EEOC Disability Discrimination Suit | |
|
Hiland Dairy Foods, a Springfield, Missouri-based producer and distributor of dairy products, will pay $140,000 to resolve a disability discrimination lawsuit. According to the suit, Hiland refused to hire a man to work at its Norman, Oklahoma, dairy plant because of his vision impairment. The doctor responsible for the exam claimed the man was a "safety concern" because he was "legally blind” even though the doctor never personally met or examined the man. No assistive devices or other reasonable accommodations were considered by Hiland or the doctor to potentially mitigate safety concerns.
For the EEOC press release: tinyurl.com/HilandDairyArticle
| |
Respondent Obligations in Fair Housing Investigations Interactive Diagram | |
|
HUD's Office of Fair Housing and Equal Opportunity wants to help housing providers understand their obligations if named as a respondent in a Fair Housing Act (FHA) investigation. This interactive diagram provides simple clarification of the complaint process, along with helpful resources on the following subject areas:
- Equal Treatment Under the Law
- Notification of a Filed Complaint
- The Complaint Process
- Conciliation
- Resolution of the Case
- Tips and Resources
For the full article: tinyurl.com/InteractiveDiagramArticle
| |
Pregnant Workers Fairness Act | |
|
The Pregnant Workers Fairness Act will take effect on June 27, 2023. The Act prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. A qualified employee under the Act is an employee or applicant who can perform the essential functions of the position, as long as the inability is temporary due to pregnancy, childbirth or a related medical condition.
The PWFA is different from the current Pregnancy Discrimination Act, which does not require accommodations for pregnant workers. Employers should be careful to evaluate whether pregnant workers may require reasonable accommodation to perform their jobs.
For the Pregnant Workers Fairness Act: www.congress.gov/bill/117th-congress/house-bill/1065
| |
|
Understanding Social Justice: To See the End of Bias and Oppression We Need Social Change and True Equity for Everyone
by Eric Nilsen
| |
|
Social justice and equity have reached the collective consciousness in recent years, with celebrities and politicians alike wading into issues of everyday bias and discrimination. Refugee crises, access to health care, racial inequality, unconscious bias, woke racism, discrimination and disparities are just some of the problems in the headlines and private discussions today. It's been a long time coming, but advocacy for social justice has grown. These sensitive issues have mostly been swept under the rug for decades, considered too controversial for the general public. Those who dared to join the peaceful fights for equal rights and opportunities were either silenced or ostracized.
In this reading of social justice, you'll find a broad analysis of the big issues around social justice, and new insights that will challenge your understanding of what justice really means. In Understanding Social Justice, you will discover:
- An extensive look at the roots of social justice, the relevant social justice issues right now, and its lasting impact on society
- Important concepts and ideas around social justice that every single person should understand and internalize
- Nine types of oppression people are still experiencing today, and the laws that seek to protect people from these abuses
- How governments can improve and expand access to basic needs like food, education, and healthcare so that we can build a just society where everyone can thrive
- Why equity not equality; why is equity and equality not the same - and why is equality not enough while equity is essential
- A roadmap for individuals, businesses, and governments in addressing equity & social justice issues in their own way
- How countries around the world handle social justice issues and which ones are worth emulating
| |
|
A Short History of Trans People's Fight for Equality
by Samy Nour Younes
| |
Transgender activist Samy Nour Younes shares the remarkable, centuries-old history of the trans community. He calls attention not only to the struggles of the transgender community, but also to the triumphs. "Imagine how the conversation would shift if we acknowledge just how long trans people have been demanding equality," he says. | |
Complaint of Discrimination | |
How Do I File a Complaint of Discrimination? | |
If you feel you have been discriminated against within the City limits, you can contact the BHRC by calling (812) 349-3429 or by emailing us at human.rights@bloomington.in.gov. Or you can submit an online initial intake form and someone will get back to you as soon as possible.
If the alleged discrimination occurred outside of the city limits but within Monroe County, you can contact the Monroe County HRC by calling (812) 349-2525, or emailing the MCHRC at mslk@co.monroe.in.us. Or you can submit an online initial intake form and someone will get back to you as soon as possible.
| |
About the Commission/Staff | |
|
The mission of the Bloomington Human Rights Commission is to enforce the Bloomington Human Rights Ordinance in a fair and timely manner, to educate community members about their rights and responsibilities under various civil rights laws and to advocate for changes in policies and law. The BHRC is also responsible for ensuring covered bidders comply with the City's affirmative action requirements and for issuing reports on bias incidents and hate crimes in our community.
The BHRC is made up of seven volunteer commissioners, four appointed by the mayor and three by the common council. They all serve two-year terms, The commissioners oversee the work of the BHRC and make policy decisions. When a complaint is filed with the BHRC, one of the commissioners investigates the complaint, along with the director. The BHRC staff is made up of a director and an assistant.
Commission Members:
- Byron Bangert
- Carolyn Calloway-Thomas, Secretary
- Valeri Haughton-Motley
- Eric McAlister, Vice Chair
- Tonya Radewan
- Ryne Shadday, Chair
Staff:
- Michael Shermis, Director
- To be named soon, Assistant
Look over information about Bloomington Human Rights Commission, including meeting minutes and agendas, or contact Human Rights Commission Director Michael Shermis at human.rights@bloomington.in.gov or 812.349.3429.
BHRC
P.O. Box 100
Bloomington, IN 47402
| |
|
Commission meetings are on the third Mondays of the month and are open to the public. Please join us! Meetings are held in the McCloskey Room (401 N. Morton Ave.) and online via Zoom if requested in advance. Contact human.rights@bloomington.in.gov for the Zoom link.
- Monday, February 20, 2023, 5:00 p.m.
- Monday, March 20, 2023, 5:00 p.m.
- Monday, April 17, 2023, 5:00 p.m.
We look forward to seeing you! For more information....
| |
|
City of Bloomington | Bloomington Human Rights. Commission | 812-349-342
human.rights@bloomington.in.gov | bloomington.in.gov/boards/human-rights
| | | | |
