IN THIS ISSUE:

 

July is a busy month for SNHRA:
HROOTERS @ HOOTERS MIXER
Wednesday, July 22nd   -   RSVP by EOD Tuesday, July 21

I-9 SEMINAR
Due to Popular Demand:
New Afternoon Session Added!
Friday, July 24th - RSVP by EOD Wed, July 22nd

 

Supreme Court Decides that
Title VII Mixed-Motives Analysis Does Not
Apply to Age Discrimination Claims

 

SPONSOR spotlight:
Hooters CASINO HOTEL

 

New Website Brings Hope@Home
for Those Facing Foreclosure

 

PLUS:

HUMOR LINES

 

 

 

Welcome to our July 2009 edition of our e-newsletter, RESOURCES. We are excited to produce this exciting forum for the communication of issues pertinent and relevant to HR Professionals.

 

We hope you enjoy the newsletter. It can only get better with your input and comments. If you have any articles for inclusion, comments or requests, please email them to Barry Lippold with the subject: "Resources Article" to: blippold@marcison.com.

 

You haven't RSVP'd yet? What are you waiting for? This is going to be a blast!

 

Our Members and Guests have only a day or two to RSVP for our HRooters @ Hooters Mixer Event. RSVP TODAY!!!

Join HR Professionals from all over Southern Nevada as we come together to mix, mingle and network at Porch Dog (by the pool) at Hooters on July 22nd from 5 - 8 pm. Click here for the full e-flyer. Click here to rsvp. SEE YOU THERE!!!

 

This exciting Mixer Event is sponsored by
Hooters Casino Hotel & Waddell and Reed

 

 

 

 

 

By: Patrick H. Hicks and Jeanine Navarro. Patrick H. Hicks is the Founding Shareholder of Littler Mendelson’s Las Vegas and Reno offices. He can be reached at phicks@littler.com. Jeanine Navarro is an Associate in Littler Mendelson’s Las Vegas office. She can be reached at jnavarro@littler.com.

 

 

Supreme Court Decides that Title VII Mixed-Motives Analysis Does Not Apply to Age Discrimination Claims

The U.S. Supreme Court in Gross v. FBL Financial Services, Inc., No. 08-441 (June 18, 2009) has held that the burden-shifting analysis that is available in so-called mixed-motives cases under Title VII does not apply to claims under the Age Discrimination in Employment Act (ADEA). Rather, the Court held that an employee bringing a disparate treatment claim under the ADEA bears the burden of proving by a preponderance of the evidence that his or her age was the "but-for" cause of the challenged adverse employment action. In other words, even if there is some evidence that age was a factor in the challenged employment decision, the employee cannot prevail unless he or she can prove that, but for his or her age, the employer would not have taken the challenged action.

Case Background
Jack Gross first began working for FBL Financial Services, Inc. (FBL) in 1971. In 2001, after Gross's long-time supervisor was demoted and then retired, his new supervisor changed Gross's job title. Although his job duties remained the same, Gross believed the title change constituted a demotion because he received fewer points in the company's salary grade system. In 2003, as part of a department restructuring, Gross was moved to another position. He also viewed this reassignment as a demotion because many responsibilities associated with his former position were transferred to a newly created position that was given to a woman in her early forties whom he had previously supervised. Gross was 54 at the time.

Gross filed suit under the ADEA, claiming that the 2003 reassignment amounted to age discrimination. The case proceeded to trial, where Gross introduced evidence suggesting that his reassignment was based at least in part on his age. The jury was instructed that it should return a verdict for Gross if he proved by a preponderance of the evidence that his reassignment constituted a demotion, and that his age was a motivating factor (i.e., played a part or role) in the demotion decision. The jury was further instructed that if FBL proved by a preponderance of the evidence that it would have demoted Gross regardless of his age, then its verdict should be for FBL. The jury found for Gross and awarded him $46,945 in lost compensation.

FBL appealed the jury verdict to the U.S. Court of Appeals for the Eighth Circuit. Among other things, FBL challenged the jury instructions with respect to the elements of the claim and burden of proof. The challenged instructions were based on the Supreme Court's holding in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989). In that case, the Court held that, if a Title VII plaintiff shows that discrimination was a motivating factor in the challenged employment action, the burden shifts to the employer to show that it would have taken the same action regardless of that impermissible consideration. The Eighth Circuit found that the jury had been improperly instructed. The Eighth Circuit ruled that the burden of persuasion in mixed-motives cases shifts to the employer only if the plaintiff has presented direct evidence of discrimination. Because Gross's case was based on circumstantial evidence, the Eighth Circuit found that the mixed-motives instruction was improper. Accordingly, the Eighth Circuit reversed and remanded for a new trial. Gross appealed the Eighth Circuit's decision to the United States Supreme Court.

The Supreme Court's Analysis
The Supreme Court vacated the Eighth Circuit's decision and remanded the case for further proceedings. The Court found that a mixed-motives instruction is never appropriate in an ADEA case, regardless of whether the plaintiff presents direct or circumstantial evidence. The Court reasoned that, following Price Waterhouse, Congress had amended Title VII to explicitly authorize discrimination claims in which a plaintiff's membership in a protected class was a "motivating factor" in the employer's decision. When Congress did so however, it did not similarly amend the ADEA to permit such claims. Therefore, the Court concluded, its decisions involving Title VII mixed-motives claims do not apply to age discrimination claims.
The Court then turned to the language of the ADEA to decide whether the statute authorizes a mixed-motives discrimination claim. The ADEA provides that it is unlawful for an employer to discriminate against an employee or applicant "because of" his or her age. Based on the "ordinary meaning" of this statutory language, the Court concluded that an ADEA plaintiff must prove that his or her age was the reason for – or, in legal parlance, the but-for cause of – the employer's decision. Therefore, the plaintiff retains the burden of proving that age was the "but-for" cause of the challenged employment action.

Implications of the Decision
Although it seems at first blush to constitute a significant victory for employers, the Gross case is not so much about how employers should apply the antidiscrimination laws but about how job bias complaints are brought and litigated. As such, it should have little practical impact on employers. Moreover, given the current political climate, it seems likely that Congress will act to overturn Gross to bring standards under the ADEA back in line with Title VII. In the meantime though, and regardless of whether Congress takes any action in response to this decision, employers should bear in mind that they will have the greatest success in avoiding liability under the employment discrimination statutes if they can ensure that an employee or applicant's protected characteristics are not a factor in employment decisions.

 

Cynthia Cameron, PHR Vice President Human Resources, Hooter's Casino Hotel www.hooterscasinohotel.com

Q: How did you hear about SNHRA?

I heared about SNHRA through Kamer Zucker Abbott Attorneys.

Q: When did you join SNHRA?

I joined SNHRA in 1993.

Q: Why did you decide to sponsor SNHRA (or its events)?

We support SNHRA’s efforts to increase education and awareness of HR related issues in our community. We also appreciate the opportunity to network with HR professionals in the community and share best practices.

Q: Has sponsorship with SNHRA improved your job or your business?

Yes it has. It gives us the opportunity to support SNHRA while creating an awareness of the amenities our property has to offer the public.

Q: What is a brief bio about your company (when established, type of business, marketplace, size, etc.)?

Hooters Casino Hotel was established November 2005, and opened February 2006. We are the only Hooters gaming property out of 450 restaurants worldwide. We have over 800 employees whose sole objective is to provide great customer service and an exciting environment for our guests.

Q: What is your company's motto or mission statement?

“The Cure for the Common Casino”

Q: What is your role in your company/business?

I am the Vice President Human Resources.

Q: What are the most challenging aspects of your job or your company/business?

Todays economy has challenged us to become more creative with our standards as well as our cost saving methods. The trick is to balance the needs of the company with those of the employees, while preserving the bottom line.

Q: What products or services do you offer to SNHRA members?

Hooters is a full service casino hotel with restaurants, bars, gaming, and entertainment, as well as a rewards club where members can earn points redeemable for discounts property wide.

Q: If you offer discounts, please describe the offer(s) here:

Patrons are given a $20 off coupon for the Men of X show Wed – Sun by our Hooters Girls at the Front Door.

 

 

 

submitted by Debi Puccinelli,
Community Relations Director, Nevada Public Radio

 

Las Vegas has been described "ground zero" in the foreclosure crisis. Almost everyone in our community knows someone impacted by the downturn in our local economy and our ongoing mortgage crisis.

 

In response, this past April, Nevada Public Radio launched a new website, www.nvhopeathome.org.  This site was created as a collaborative effort between local public broadcast stations, nonprofit organizations and financial institutions to help provide residents in southern Nevada access to reliable, easy-to-find information on the foreclosure crisis in southern Nevada. The goal is to connect residents of our community with the trusted resources, organizations and information they need to make decisions and long-term plans for their future.

 

Throughout the site, visitors can find related content from our broadcasts, as well as site links, workbooks and other tools designed to help them understand what they need to know when considering foreclosure.

 

As part of our efforts to keep our community informed on this issue, we’d like to enlist your assistance. We recognize the role human resources professionals play in providing information that allows employees to maintain stable personal lives and bring their best selves to work each day.  As a primary source of information to the employees in your company, we’d like to ask you to incorporate information about this helpful site into your internal communications through one (or all) of the following channels:

• Link to the website –By providing a link to our site through the HR pages of your company site, employees will be able to access information easily.  We’ll be happy to provide you our logo and any information you need to add this link to your site.
• Post a flyer – We can provide a flyer for you to post in your employee dining rooms and back-of-house areas that will let your employees know about the site;
• Include a newsletter article – We can provide you with a customized, or general newsletter article describing the site and it’s various benefits.

The site is intended to provide residents of our community with reliable information.  It is not a marketing tool for our stations or our partners, and we do not solicit any type of communication with those who visit the site.  Our objective is to help restore hope to our home – southern Nevada – by supporting our community at this critical time.

 

Thank you for your time and for your assistance.  We look forward to working with you on this important outreach campaign.

 

If you have any questions, or would like further information, please contact Catherine Kim at Nevada Public Radio, 702/258-9895, or via email at Catherine@nevadapublicradio.org.

 

 

The First Day in the Company

 

One day while walking down the street a highly successful Human Resources Manager was tragically hit by a bus and she died. Her soul arrived up in heaven where she was met at the Pearly Gates by St. Peter himself.

 

"Welcome to Heaven," said St. Peter. "Before you get settled in though, it seems we have a problem. You see, strangely enough, we've never once had a Human Resources Manager make it this far and we're not really sure what to do with you."

 

"No problem, just let me in," said the woman.

 

"Well, I'd like to, but I have higher orders. What we're going to do is let you have a day in Hell and a day in Heaven and then you can choose whichever one you want to spend! an eternity in."

 

"Actually, I think I've made up my mind, I prefer to stay in Heaven", said the woman "Sorry, we have rules..." And with that St. Peter put the executive in an elevator and it went down-down-down to hell.

 

The doors opened and she found herself stepping out onto the putting green of a beautiful golf course. In the distance was a country club and standing in front of her were all her friends - fellow executives that she had worked with and they were well dressed in evening gowns and cheering for her.

 

They ran up and kissed her on both cheeks and they talked about old times. They played an excellent round of golf and at night went to the country club where she enjoyed ! an excellent steak and lobster dinner. She met the Devil who was actually a really nice guy (kind of cute) and she had a great time telling jokes and dancing. She was having such a good time that before she knew it, it was time to leave. Everybody shook her hand and waved goodbye as she got on the elevator.

 

The elevator went up-up-up and opened back up at the Pearly Gates and found St. Peter waiting for her. "Now it's time to spend a day in heaven," he said.

 

So she spent the next 24hours lounging around on clouds and playing the harp and singing. She had great time and before she knew it her 24 hours were up and St. Peter came and got her.

 

"So, you've spent a day in hell and you've spent a day in heaven. Now you must choose your eternity," The woman paused for a second and then replied, "Well, I never thought I'd say this, I mean, Heaven has been really great and all, but I think I had a better time in Hell."

 

So St. Peter escorted her to the elevator and again she went down-down-down back to Hell. When the doors of the elevator opened she found herself standing in a desolate wasteland covered in garbage and filth. She saw her friends were dressed in rags ! and were picking up the garbage and putting it in sacks. The Devil came up to her and put his arm around her.

 

"I don't understand," stammered the woman, "yesterday I was here and there was a golf course and a country club and we ate lobster and we danced and had a great time. Now all there is a wasteland of garbage and all my friends look miserable."

 

The Devil looked at her smiled and told...

"Yesterday we were recruiting you, today you're an Employee..."

 

 

Courtesy of y2u.co.uk

 

 

 

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We hope that all of our Members and Friends find the articles contained within R E S O U R C E S  useful in your HR environment.
Many thanks to all of you who responded to our requests
for articles and research for this newsletter.

If you have anything you wish to contribute to the next issue, please do not hesitate to email Barry Lippold at blippold@marcison.com.

 

 

 

Contact Barry Lippold at 702-281-6528 for pricing and availability
to sponsor future R E S O U R C E S editions

 

 

 

 

 

 

 

 

 

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