November 2, 2023 • 12 mins
Do you ever wonder about the intersection of corporate policies, legal action, and social statements? We're pulling back the curtain on a staggering legal case in this episode, exploring the implications of a lawsuit involving Dollar General and the Genetic Information Nondiscrimination Act (GINA). Prepare to have your perception of corporate conduct challenged as we dissect allegations of Dollar General demanding family medical history from applicants, culminating in a staggering $1 million settlement.
We also take a moment to express our heartfelt gratitude to our Patreon supporters, Hallie, Bill,. Also wanted to thank Ashley, and a special fan who connected via Instagram. Your feedback is our compass, guiding us in crafting content that resonates with our listeners. As we anticipate a thrilling upcoming episode, we can't help but acknowledge the Herculean task of hunting for fresh material. Join us as we navigate these intricate topics, and remember - your voice matters, so keep the feedback coming!
We want to hear from you.
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email: feedback@jadedhr.com
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Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Warren (00:06):
Had you actually read the email, you would know that
the spooky podcast you're aboutto listen to could contain
explicit language and offensivecontent.
The views of the hosts are notrepresentative of their past,
present or future employers.
Yes, this is going to be anextra scary, spooky episode.
(00:29):
Tonight is Halloween eveningand I am sitting here in the
dark with the lights out,recording in the dark so little
children don't think that I'mhome and ring the doorbell and
make my dog go fucking notes forhalf an hour or so.
So that's why we are extraspooky tonight and it's even
(00:50):
scary for you because I am bymyself and Ron.
Yes, solo episode today.
I do intend for this to be ashorty episode.
I do not think it will take toolong, especially being by
myself, and actually the wholepoint of this episode is I want
to get some thanks out there.
I want to tell the story andalso let you know we have some
(01:14):
exciting news coming up.
So, starting off with thethanks, in the last episode I
mentioned, I recorded anothersolo episode while I'm driving
and actually the audio didn'tturn out that bad.
I'm going to try and edit it atthe same time I edit this
episode so you Patreon listenerscan have a special episode,
just for yourself, of me ranting.
(01:34):
It didn't turn out half bad,better than I would have thought
for being by myself, but athanking people as always.
We want to thank Halle, ouroriginal Jaded HR rock star.
However, now Halle has a friendI'd like to introduce the world
to Bill.
Bill is our newest Patreonsupporter, so thank you very
(01:55):
much, bill, for helping us makethis podcast happen.
Another thank you I wanted toget out there which I thanked
this person on, or these people,I should say on our Patreon
only membership.
We had two people I wanted tothank.
The first is Ashley.
She was the first person toreply to a post on our
(02:20):
JadedHRcom website and she saidshe's checking through all the
episodes and is going throughthe back library and she made a
request.
She said that she wanted tohear more episodes like our
season one episode, nineepisodes, my little ponies in
their underwear, and so I amrunning out of good ammo to use
(02:42):
for stories of horrible resumes.
I think I might have one or twoleft that I can put out there,
but yes, but we will work onthat.
So go ahead and send me thosecomments and, through Instagram,
send them through our website,send them to feedback at
JadedHRcom.
I'll take a look at them alland see what we can come up with
.
Another fan contacted us onInstagram through direct
(03:05):
messages and made a request fora similar type episodes.
So, please, I really do lookforward to getting your feedback
on the social media or any wayI can get it, because sometimes
it seems like you're justyelling into an empty void all
by yourself.
And to get feedback from thelisteners is always fun and
(03:27):
exciting.
Even if it's negative feedback.
It's sort of fun as well,because it's just fun.
But another listener feedbackFeathers and I we had our first
fan meet and greet two weeks ago, and it just happened to be in
Greenville at East CarolinaUniversity, with a listener who
(03:48):
is a fellow ECU alum and got intouch with me, and so she got to
meet the two of us again, Iguess you could say.
And on top of that, she got tosee us at our absolute finest,
our tailgating group.
We have themes for each of ourtailgates, and this theme for
this week, which has happened tobe homecoming, was Octuba Fest.
(04:11):
And no, I'm not mispronouncingit as I mispronounce so many
other things it is Octuba Fest.
We celebrate the tuba sectionof East Carolina University
marching band.
So I was wearing real Germanlater hosin, and Feathers was
wearing a later hosin T shirtand a spiffy hat, along with an
absolutely fabulous mullet wig.
(04:32):
So, yeah, she saw us at ourbest, and a few drinks in to
begin.
So, leslie, thank you formeeting up with us.
Hope to see you again soon.
So, yeah, we would love to meetmore of our fans.
If you happen to be in EasternNorth Carolina, southeastern
Virginia, central Virginia, letus know.
Maybe we can meet up with you.
(04:52):
Though those are the threeplaces you can find us, but
right now, feathers isgallivanting across the United
States again, so I wasn't ableto record, but I did want to get
an episode out to you.
I thought it was very importantto do that, so I only have,
besides our thank yous there, Ionly have one topic I really
wanted to cover, and this was.
(05:14):
This is something interesting.
This is interesting.
This came to me from HR dive of.
The author is Kate Taroni, hopeI'm saying that correctly, but
it involves a Gina lawsuit, andI remember discussing with the
employment law for into mindmany, many, many years ago how
ridiculous the Gina act was, andbasically, by looking at
(05:39):
someone, you are collecting.
Their argument was this isridiculous.
So just by looking at them, youare collecting genetic
information.
You see their eye color, theirskin color, their hair type,
their hair color, their lack ofhair, if you might be me.
You see, maybe, their height,their weight.
You find all this other tellinginformation about potential
(06:00):
genetic information about them.
But here it is many, many, manymoons later, after having that
discussion with the thatattorney, dollar General is the
set to pay a $1 millionsettlement because it requested
applicants family medicalhistory, which runs, of course,
a muck to the geneticinformation non-discrimination
(06:22):
act.
Also called Gina, they'll playthis $1 million lawsuit to
settle allegations that itrequested family medical history
from applicants.
The employer, formerly Dahl-GenCorp LLC, requested applicants
at its Bessemer AlabamaDistribution Center to share
past and present medicalconditions of family members,
(06:42):
such as cancer, diabetes, heartdisease.
According to the 2017 lawsuit,it also required applicants to
pass a post-offer pre-employmentmedical exam that screamed out
qualified individuals withdisabilities.
The commission called it highlyinvasive.
For example, the agency saidDollar General rescinded job
(07:02):
offers to applicants whose bloodpressure exceeded 160 over 100
or who had less than 20, 50vision in one eye, even when
those impairments did notprevent the applicant from
safely performing their job.
So, wow, now, every time youthink you've seen it all in HR,
nope, something else comes up.
And this is a perfect example.
(07:23):
I can only have the feelingthat this was a rogue HR person
who had no training.
Probably one of those fellbackwards into HR type of
position and had no training, nodevelopment, no anything in had
no idea what they were doing tostart asking this because they
(07:44):
thought, oh, it would be a goodidea, it sounds, oh, it sounds
like it's a good idea, and a lotof these things on face value
sound good, they feel good tothe person until they realize,
oh shit, I did not know that wehad this type of situation.
So, anyways, that was a littlebit about the Gina episode
lawsuit that I never thought I'dsee in my life.
(08:06):
But once again, I also said Iwould never see a Crown Act
lawsuit and bam, I've seenmultiple of them because I
thought that the world was past.
That Well, speaking of theworld being past, that I did.
I'll throw out another topic outthere.
It's sort of rambling off thetop of my head versus something
in my show notes.
I'm a little concerned aboutcompanies out there who think
(08:32):
that it is their obligation tomake a statement on every social
event in the world happening.
As you know, right now October31, 2023, there's multiple wars
going on.
We've had Ukraine and Russiagoing at it for quite a while
(08:52):
and now Israel and Hamas aregoing at it and, yes, in some
cases it seems like thoseconflicts are very one sided and
one sided it may be very rightand the other side be very wrong
.
So I will focus on the UkraineRussia situation because it
doesn't involve religion hardlyat all.
But either way, if you, if acompany, is putting down the
(09:16):
actions of Russia, that canactually be interpreted by some
of your employees of a Russiandescent that you are anti them.
And I know how many of peoplewith a Russian descent I've met
them many over the last 10 yearsand it's been interesting to to
learn this and I would hate tofeel any of them feel badly
(09:40):
about being mistreated becauseof the actions of their native
land.
But everybody I've talked to,they basically realize that
their leader is batshit crazyand you should realize that
these are the actions ofderanged individuals and not the
people of the country.
You know, I read an articlerecently men of fighting age are
(10:02):
escaping Russia.
They're leaving, they're tryingto get out, so they don't have
to fight in their little warwith the Ukraine right now.
So, anyways, don't want to gotoo much on a political track or
anything along those lines, butjust just companies.
You don't need to make astatement, even if you think,
yes, the side you're supportingis absolutely right.
And when you get into thereally Israel Hamas situation,
(10:25):
oh my God, there's religious,there's political, there's every
type of undertones to it.
So, even if you think you'resaying the right thing, yeah,
we're going to support whomever.
Or maybe you have an employeewho supports at the opposite
side that you do Because oftheir cultural background.
What have you?
It doesn't need to be said.
A company does not need to makea stance on every social
(10:47):
justice issue in the world.
Yes, war sucks, war is horrible.
I'm not a peacenik, but I'malso not a war hawk, but nobody
wants to see anybody lose theirlife in these type of situations
.
So, being a Debbie Downer herein the podcast, but, like I said
, employers, you don't need tomake a comment on each and every
social situation happening inthe world.
(11:10):
It just could come to bite back, to bite you in the ass.
So those are more than thetopics I had to put out for
today.
The other thing I wanted to putout is that just this is excuse
me, just yesterday we landed avery special guest for next
episode, which, once again,we're recording every two weeks
(11:31):
now.
So if you missed an episode youthought I think you missed an
episode you probably didn't it'sjust because we're going back
to a biweekly schedule.
So please listen to us.
In two more weeks we're goingto have a very special guest I
think you'll really enjoy.
I've heard him on anotherpodcast and the topic we have
(11:51):
for him is excellent.
He's going to be the best, thebest person I can think of.
I read the article and I'm notgoing to go into too much detail
.
I wasn't even.
It's a short article, but Iwasn't even halfway through.
I said, oh, I got to get intouch with this person.
I did, and they graciouslyaccepted to become our guest for
the next episode, but onceagain, didn't want to leave you
without an episode again or runan encore episode.
(12:12):
So thank you very much forlistening.
As always, I'm Warren and I'mhere helping you survive HR one.
What the fuck moment at a time.
Had you actually read the email, you would know that
the spooky podcast you're aboutto listen to could contain
explicit language and offensivecontent.
The views of the hosts are notrepresentative of their past,
present or future employers.
Yes, this is going to be anextra scary, spooky episode.
(00:29):
Tonight is Halloween eveningand I am sitting here in the
dark with the lights out,recording in the dark so little
children don't think that I'mhome and ring the doorbell and
make my dog go fucking notes forhalf an hour or so.
So that's why we are extraspooky tonight and it's even
(00:50):
scary for you because I am bymyself and Ron.
Yes, solo episode today.
I do intend for this to be ashorty episode.
I do not think it will take toolong, especially being by
myself, and actually the wholepoint of this episode is I want
to get some thanks out there.
I want to tell the story andalso let you know we have some
(01:14):
exciting news coming up.
So, starting off with thethanks, in the last episode I
mentioned, I recorded anothersolo episode while I'm driving
and actually the audio didn'tturn out that bad.
I'm going to try and edit it atthe same time I edit this
episode so you Patreon listenerscan have a special episode,
just for yourself, of me ranting.
(01:34):
It didn't turn out half bad,better than I would have thought
for being by myself, but athanking people as always.
We want to thank Halle, ouroriginal Jaded HR rock star.
However, now Halle has a friendI'd like to introduce the world
to Bill.
Bill is our newest Patreonsupporter, so thank you very
(01:55):
much, bill, for helping us makethis podcast happen.
Another thank you I wanted toget out there which I thanked
this person on, or these people,I should say on our Patreon
only membership.
We had two people I wanted tothank.
The first is Ashley.
She was the first person toreply to a post on our
(02:20):
JadedHRcom website and she saidshe's checking through all the
episodes and is going throughthe back library and she made a
request.
She said that she wanted tohear more episodes like our
season one episode, nineepisodes, my little ponies in
their underwear, and so I amrunning out of good ammo to use
(02:42):
for stories of horrible resumes.
I think I might have one or twoleft that I can put out there,
but yes, but we will work onthat.
So go ahead and send me thosecomments and, through Instagram,
send them through our website,send them to feedback at
JadedHRcom.
I'll take a look at them alland see what we can come up with
.
Another fan contacted us onInstagram through direct
(03:05):
messages and made a request fora similar type episodes.
So, please, I really do lookforward to getting your feedback
on the social media or any wayI can get it, because sometimes
it seems like you're justyelling into an empty void all
by yourself.
And to get feedback from thelisteners is always fun and
(03:27):
exciting.
Even if it's negative feedback.
It's sort of fun as well,because it's just fun.
But another listener feedbackFeathers and I we had our first
fan meet and greet two weeks ago, and it just happened to be in
Greenville at East CarolinaUniversity, with a listener who
(03:48):
is a fellow ECU alum and got intouch with me, and so she got to
meet the two of us again, Iguess you could say.
And on top of that, she got tosee us at our absolute finest,
our tailgating group.
We have themes for each of ourtailgates, and this theme for
this week, which has happened tobe homecoming, was Octuba Fest.
(04:11):
And no, I'm not mispronouncingit as I mispronounce so many
other things it is Octuba Fest.
We celebrate the tuba sectionof East Carolina University
marching band.
So I was wearing real Germanlater hosin, and Feathers was
wearing a later hosin T shirtand a spiffy hat, along with an
absolutely fabulous mullet wig.
(04:32):
So, yeah, she saw us at ourbest, and a few drinks in to
begin.
So, leslie, thank you formeeting up with us.
Hope to see you again soon.
So, yeah, we would love to meetmore of our fans.
If you happen to be in EasternNorth Carolina, southeastern
Virginia, central Virginia, letus know.
Maybe we can meet up with you.
(04:52):
Though those are the threeplaces you can find us, but
right now, feathers isgallivanting across the United
States again, so I wasn't ableto record, but I did want to get
an episode out to you.
I thought it was very importantto do that, so I only have,
besides our thank yous there, Ionly have one topic I really
wanted to cover, and this was.
(05:14):
This is something interesting.
This is interesting.
This came to me from HR dive of.
The author is Kate Taroni, hopeI'm saying that correctly, but
it involves a Gina lawsuit, andI remember discussing with the
employment law for into mindmany, many, many years ago how
ridiculous the Gina act was, andbasically, by looking at
(05:39):
someone, you are collecting.
Their argument was this isridiculous.
So just by looking at them, youare collecting genetic
information.
You see their eye color, theirskin color, their hair type,
their hair color, their lack ofhair, if you might be me.
You see, maybe, their height,their weight.
You find all this other tellinginformation about potential
(06:00):
genetic information about them.
But here it is many, many, manymoons later, after having that
discussion with the thatattorney, dollar General is the
set to pay a $1 millionsettlement because it requested
applicants family medicalhistory, which runs, of course,
a muck to the geneticinformation non-discrimination
(06:22):
act.
Also called Gina, they'll playthis $1 million lawsuit to
settle allegations that itrequested family medical history
from applicants.
The employer, formerly Dahl-GenCorp LLC, requested applicants
at its Bessemer AlabamaDistribution Center to share
past and present medicalconditions of family members,
(06:42):
such as cancer, diabetes, heartdisease.
According to the 2017 lawsuit,it also required applicants to
pass a post-offer pre-employmentmedical exam that screamed out
qualified individuals withdisabilities.
The commission called it highlyinvasive.
For example, the agency saidDollar General rescinded job
(07:02):
offers to applicants whose bloodpressure exceeded 160 over 100
or who had less than 20, 50vision in one eye, even when
those impairments did notprevent the applicant from
safely performing their job.
So, wow, now, every time youthink you've seen it all in HR,
nope, something else comes up.
And this is a perfect example.
(07:23):
I can only have the feelingthat this was a rogue HR person
who had no training.
Probably one of those fellbackwards into HR type of
position and had no training, nodevelopment, no anything in had
no idea what they were doing tostart asking this because they
(07:44):
thought, oh, it would be a goodidea, it sounds, oh, it sounds
like it's a good idea, and a lotof these things on face value
sound good, they feel good tothe person until they realize,
oh shit, I did not know that wehad this type of situation.
So, anyways, that was a littlebit about the Gina episode
lawsuit that I never thought I'dsee in my life.
(08:06):
But once again, I also said Iwould never see a Crown Act
lawsuit and bam, I've seenmultiple of them because I
thought that the world was past.
That Well, speaking of theworld being past, that I did.
I'll throw out another topic outthere.
It's sort of rambling off thetop of my head versus something
in my show notes.
I'm a little concerned aboutcompanies out there who think
(08:32):
that it is their obligation tomake a statement on every social
event in the world happening.
As you know, right now October31, 2023, there's multiple wars
going on.
We've had Ukraine and Russiagoing at it for quite a while
(08:52):
and now Israel and Hamas aregoing at it and, yes, in some
cases it seems like thoseconflicts are very one sided and
one sided it may be very rightand the other side be very wrong
.
So I will focus on the UkraineRussia situation because it
doesn't involve religion hardlyat all.
But either way, if you, if acompany, is putting down the
(09:16):
actions of Russia, that canactually be interpreted by some
of your employees of a Russiandescent that you are anti them.
And I know how many of peoplewith a Russian descent I've met
them many over the last 10 yearsand it's been interesting to to
learn this and I would hate tofeel any of them feel badly
(09:40):
about being mistreated becauseof the actions of their native
land.
But everybody I've talked to,they basically realize that
their leader is batshit crazyand you should realize that
these are the actions ofderanged individuals and not the
people of the country.
You know, I read an articlerecently men of fighting age are
(10:02):
escaping Russia.
They're leaving, they're tryingto get out, so they don't have
to fight in their little warwith the Ukraine right now.
So, anyways, don't want to gotoo much on a political track or
anything along those lines, butjust just companies.
You don't need to make astatement, even if you think,
yes, the side you're supportingis absolutely right.
And when you get into thereally Israel Hamas situation,
(10:25):
oh my God, there's religious,there's political, there's every
type of undertones to it.
So, even if you think you'resaying the right thing, yeah,
we're going to support whomever.
Or maybe you have an employeewho supports at the opposite
side that you do Because oftheir cultural background.
What have you?
It doesn't need to be said.
A company does not need to makea stance on every social
(10:47):
justice issue in the world.
Yes, war sucks, war is horrible.
I'm not a peacenik, but I'malso not a war hawk, but nobody
wants to see anybody lose theirlife in these type of situations
.
So, being a Debbie Downer herein the podcast, but, like I said
, employers, you don't need tomake a comment on each and every
social situation happening inthe world.
(11:10):
It just could come to bite back, to bite you in the ass.
So those are more than thetopics I had to put out for
today.
The other thing I wanted to putout is that just this is excuse
me, just yesterday we landed avery special guest for next
episode, which, once again,we're recording every two weeks
(11:31):
now.
So if you missed an episode youthought I think you missed an
episode you probably didn't it'sjust because we're going back
to a biweekly schedule.
So please listen to us.
In two more weeks we're goingto have a very special guest I
think you'll really enjoy.
I've heard him on anotherpodcast and the topic we have
(11:51):
for him is excellent.
He's going to be the best, thebest person I can think of.
I read the article and I'm notgoing to go into too much detail
.
I wasn't even.
It's a short article, but Iwasn't even halfway through.
I said, oh, I got to get intouch with this person.
I did, and they graciouslyaccepted to become our guest for
the next episode, but onceagain, didn't want to leave you
without an episode again or runan encore episode.
(12:12):
So thank you very much forlistening.
As always, I'm Warren and I'mhere helping you survive HR one.
What the fuck moment at a time.
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