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WoW B&H Sued by US Government for Discrimination
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Feb 27, 2016 18:05:16   #
Jahawk Loc: Rhode Island
 
b&hheader

Things haven’t been going well for B&H Photo Video, one of the biggest names in the photography retail industry. Just months after being slammed with accusations of mistreatment and discrimination and seeing its workers protest and unionized, B&H is now being sued by the US government for discrimination.

The US Labor Department announced its lawsuit on Thursday, accusing B&H of violating federal requirements at its Brooklyn camera gear warehouse.

B&H “has systematically discriminated against Hispanic employees and female, black and Asian jobseekers at its Brooklyn Navy Yard warehouse,” the government says. B&H is a federal contractor, so it’s forbidden from discriminating in employment and is required to take affirmative action for employment equality.

“B&H fell far short of this responsibility and created deplorable working conditions for employees at its Brooklyn warehouse,” says Patricia A. Shiu, director of the Office of Federal Contract Compliance Programs.

B&H warehouse workers unionized in November 2015 after days of public protests.

The government has some specific and serious accusations against B&H as a result of a review conducted between January 2011 and January 2013.

One is that B&H required Hispanic warehouse workers to use separate restrooms from other employees — bathrooms that are unsanitary “and often inoperable,” the government says.

The lawsuit also accuses B&H of only hiring Hispanic men into its entry-level laborer positions (excluding both women and black and Asian workers), compensating Hispanic workers less than white ones, subjecting Hispanic workers to harassment, failing to keep proper records, failing to provide designated bathrooms and changing facilities for women, and more.

You can read the full text of the lawsuit here:

“OFCCP filed its complaint after determining that it was unable to secure a voluntary agreement from B&H to take corrective action,” the government says. It’s demanding that B&H provide relief for the affected workers, lest it cancel B&H’s government contracts (worth $46 million) and permanently ban it from future contracts.

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Feb 27, 2016 18:26:59   #
Violameister Loc: michigan
 
A local company in this area was sued by the Feds for discriminatory toilet policies.

It seems that all toilets were cleaned twice a week. The ones used by the office workers (because they were in the office building, not in the warehouse) stayed clean. The ones in the warehouse building became filthy in an hour for no discernable reason. Soon the warehouse workers came into the office building and those bathrooms also became filthy; so the company made a policy against allowing warehouse employees using office toilets. Since most warehouse employees were not white, this was pronounced illegal discrimination. Hiring a crew of permanent on-site warehouse toilet cleaners would probably have been cheaper.

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Feb 27, 2016 19:20:59   #
mas24 Loc: Southern CA
 
I don't know all the facts regarding this lawsuit and I won't render a personal judgement. But for a restroom becoming filthy in one hour after being cleaned seems like another issue to me. Perhaps there are not enough restrooms to accommodate the number of employees in the warehouse?

Reply
 
 
Feb 27, 2016 19:30:06   #
TucsonCoyote Loc: Tucson AZ
 
mas24 wrote:
I don't know all the facts regarding this lawsuit and I won't render a personal judgement. But for a restroom becoming filthy in one hour after being cleaned seems like another issue to me. Perhaps there are not enough restrooms to accommodate the number of employees in the warehouse?

....or some people are just pigs disguised as humans.....that is always possible ! :roll:

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Mar 1, 2016 11:18:46   #
henryp Loc: New York, NY
 
We appreciate your concern and your loyalty, and want to take this time to help you understand what has been happening recently. At B&H we value each and every customer; your concern is our concern. We know you have choices when shopping and your choice of our establishment is something we do not and must not take lightly. We want to continue earning your business and instilling pride in your choice for photo and electronics.

B&H is a family owned business, a success that has been built for over 40 years from a small storefront in New York City to the worldwide enterprise we are today. This is credit to our dedicated and devoted employees, many of whom have been with our company for decades.

Every one of our employees is treated with respect and dignity, no matter of race, religion or gender. The average employee tenure at B&H far exceeds most of our competitors and as well as most employers of any kind. Our employees are well compensated, offered generous benefits, and they are given 17 paid days off in addition to 3 weeks paid vacation. Few companies offer this.

The allegations you have been hearing about are largely made by people who have never set foot in a B&H facility. For the time being, we will address several of the accusations, as they are far from factual. We can declare outright that B&H does NOT have any segregated bathrooms by race or religion, and anyone working at B&H knows that to be true. Additionally, any similar contentions are not only inaccurate, but bizarre.

There are always areas where we can better ourselves, and these are issues that B&H is committed to strengthening as we move forward. Our goal is to create an even friendlier environment for our employees, where there can be no doubt that their needs, concerns, and well being are noticeably our primary focus. Our roots are from a place where discrimination affected so many of the very people who are now part of the B&H family, and we built this company and brand to defy what were the norms around us, and to give everyone the chance to succeed, to care for their families and homes, and to be happy. That will not change, but will only be improved upon.

What you may not be told in these scurrilous narratives is that B&H chose to keep its jobs in New York, rather than opting, as many others do, to outsource jobs to areas overseas where labor rates are lower. Our call centers and online management teams are right here. We chose a very different route, and we continue to make daily decisions taking into account first and foremost our dedicated employees and customers and we will continue to do so.

Over the next few weeks and months, you will hear more and see the growth, and we will make sure our customer and our employee are kept keenly aware of the situation. Please feel free to reach out to us with any of your concerns and we hope we can continue to earn your business in the future.

Reply
Mar 1, 2016 11:20:02   #
rpavich Loc: West Virginia
 
henryp wrote:
We appreciate your concern and your loyalty, and want to take this time to help you understand what has been happening recently.


Glad to hear it. It's too bad that the accusations get so much attention but the facts get buried later on.

Reply
Mar 2, 2016 05:32:52   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
Jahawk wrote:
b&hheader

Things haven’t been going well for B&H Photo Video, one of the biggest names in the photography retail industry. Just months after being slammed with accusations of mistreatment and discrimination and seeing its workers protest and unionized, B&H is now being sued by the US government for discrimination.

The US Labor Department announced its lawsuit on Thursday, accusing B&H of violating federal requirements at its Brooklyn camera gear warehouse.

B&H “has systematically discriminated against Hispanic employees and female, black and Asian jobseekers at its Brooklyn Navy Yard warehouse,” the government says. B&H is a federal contractor, so it’s forbidden from discriminating in employment and is required to take affirmative action for employment equality.

“B&H fell far short of this responsibility and created deplorable working conditions for employees at its Brooklyn warehouse,” says Patricia A. Shiu, director of the Office of Federal Contract Compliance Programs.

B&H warehouse workers unionized in November 2015 after days of public protests.

The government has some specific and serious accusations against B&H as a result of a review conducted between January 2011 and January 2013.

One is that B&H required Hispanic warehouse workers to use separate restrooms from other employees — bathrooms that are unsanitary “and often inoperable,” the government says.

The lawsuit also accuses B&H of only hiring Hispanic men into its entry-level laborer positions (excluding both women and black and Asian workers), compensating Hispanic workers less than white ones, subjecting Hispanic workers to harassment, failing to keep proper records, failing to provide designated bathrooms and changing facilities for women, and more.

You can read the full text of the lawsuit here:

“OFCCP filed its complaint after determining that it was unable to secure a voluntary agreement from B&H to take corrective action,” the government says. It’s demanding that B&H provide relief for the affected workers, lest it cancel B&H’s government contracts (worth $46 million) and permanently ban it from future contracts.
b&hheader br br Things haven’t been going wel... (show quote)


It's been a chronic problem with them.

http://www.eeoc.gov/eeoc/newsroom/release/archive/10-16-07.html

http://ny1.com/1-all-boroughs-news-content/top_stories/109168/gadget-retailer-faces-discrimination-suit" rel="nofollow" target="_blank">http://web.archive.org/web/20091122101612/http://ny1.com/1-all-boroughs-news-content/top_stories/109168/gadget-retailer-faces-discrimination-suit

http://blogs.villagevoice.com/runninscared/archives/2009/11/bh_photo_sued_f.php" rel="nofollow" target="_blank">http://web.archive.org/web/20091121235418/http://blogs.villagevoice.com/runninscared/archives/2009/11/bh_photo_sued_f.php

http://www.nytimes.com/2009/11/19/nyregion/19bagels.html?_r=0

http://gothamist.com/2011/12/14/bh_photo_sued_again_for_discrimatin.php#.

http://petapixel.com/2015/10/13/bh-slammed-with-accusations-of-mistreatment-and-discrimination/

http://heebmagazine.com/b-and-h-camera-lawsuits/31725

http://www.nydailynews.com/new-york/b-h-photo-discriminated-2-hispanic-employees-lawsuit-article-1.991286

If they were running a fair operation this wouldn't be happening. You see discrimination and unfair labor practices against Walmart, not against Costco - which pays a living wage, provides fair hours, has a wide open hiring policy, and in general treats it's workers very fairly - reflecting the morals and values of it's CEO and management.

In the meantime, I will likely use other companies, like Hunt's in MA, Unique Photo in NJ, and other national and local companies that don't have these issues. At the end of the day, even if B and H is successful at defending itself against these allegations - it will not necessarily prove their innocence. It will prove, however that they had the deeper pockets to hire the best legal counsel to ensure a victory.

I would still like to speak with current and former employees to see if things actually change there. It's sad that this is a recurring problem and that B&H seems to have taken the position that paying fines is cheaper than instituting change in the workplace. Which, in the long-run, would make the organization far more money than what they are currently saving with their current practices. Happy workers and staff = happy customers = higher revenue from increased patronage and store loyalty = and everyone wins.

To it's credit, B and H has good customer service, an excellent product selection, a great brick and mortar store complete with totally annoying but effective radio ads to drive business there, and in general run an honest operation. But I personally cannot support a business with a company that has such allegations against it - until they get resolved. It's ironic that a company that has been accused of being unfair to it's workers has as part of it's defense that it's workers are being unfair to them. Karma is a bitch, but only if you are - time to start spreading the good Karma, Henry.

Reply
 
 
Mar 2, 2016 06:37:33   #
rpavich Loc: West Virginia
 
Gene51 wrote:


If they were running a fair operation this wouldn't be happening.


Hahaha....what planet do you live on?

People can sue and bring labor board actions for any reason and companies have no choice but to deal with them, and frequently that means to pay out the extortion cash.

In the news yesterday they interviewed folks from B&H who've worked there for a long time and they say that they've never seen anything like what's being described.

Reply
Mar 2, 2016 07:16:43   #
Jim Bob
 
I don't understand why any of you would be surprised. Companies in the US have always discriminated against minorities since the advent of slavery.

Reply
Mar 2, 2016 07:18:20   #
Jim Bob
 
henryp wrote:
We appreciate your concern and your loyalty, and want to take this time to help you understand what has been happening recently. At B&H we value each and every customer; your concern is our concern. We know you have choices when shopping and your choice of our establishment is something we do not and must not take lightly. We want to continue earning your business and instilling pride in your choice for photo and electronics.

B&H is a family owned business, a success that has been built for over 40 years from a small storefront in New York City to the worldwide enterprise we are today. This is credit to our dedicated and devoted employees, many of whom have been with our company for decades.

Every one of our employees is treated with respect and dignity, no matter of race, religion or gender. The average employee tenure at B&H far exceeds most of our competitors and as well as most employers of any kind. Our employees are well compensated, offered generous benefits, and they are given 17 paid days off in addition to 3 weeks paid vacation. Few companies offer this.

The allegations you have been hearing about are largely made by people who have never set foot in a B&H facility. For the time being, we will address several of the accusations, as they are far from factual. We can declare outright that B&H does NOT have any segregated bathrooms by race or religion, and anyone working at B&H knows that to be true. Additionally, any similar contentions are not only inaccurate, but bizarre.

There are always areas where we can better ourselves, and these are issues that B&H is committed to strengthening as we move forward. Our goal is to create an even friendlier environment for our employees, where there can be no doubt that their needs, concerns, and well being are noticeably our primary focus. Our roots are from a place where discrimination affected so many of the very people who are now part of the B&H family, and we built this company and brand to defy what were the norms around us, and to give everyone the chance to succeed, to care for their families and homes, and to be happy. That will not change, but will only be improved upon.

What you may not be told in these scurrilous narratives is that B&H chose to keep its jobs in New York, rather than opting, as many others do, to outsource jobs to areas overseas where labor rates are lower. Our call centers and online management teams are right here. We chose a very different route, and we continue to make daily decisions taking into account first and foremost our dedicated employees and customers and we will continue to do so.

Over the next few weeks and months, you will hear more and see the growth, and we will make sure our customer and our employee are kept keenly aware of the situation. Please feel free to reach out to us with any of your concerns and we hope we can continue to earn your business in the future.
We appreciate your concern and your loyalty, and w... (show quote)

Well, this is a mighty self-serving post. I'm surprised your lawyers would permit you to comment in an open forum on an ongoing case.

Reply
Mar 2, 2016 07:19:16   #
TucsonCoyote Loc: Tucson AZ
 
rpavich wrote:
Hahaha....what planet do you live on?

People can sue and bring labor board actions for any reason and companies have no choice but to deal with them, and frequently that means to pay out the extortion cash.

In the news yesterday they interviewed folks from B&H who've worked there for a long time and they say that they've never seen anything like what's being described.


Let's not forget that we are dealing with the Government here, lots of funny business going on with them folks which is why you can't trust em ! :roll:

Reply
 
 
Mar 2, 2016 07:29:02   #
Jim Bob
 
TucsonCoyote wrote:
Let's not forget that we are dealing with the Government here, lots of funny business going on with them folks which is why you can't trust em ! :roll:


Well, although the government is no panacea for whatever ails us, would you prefer to rely on the airlines, food production companies and manufacturers to keep us safe out of the goodness of their collective hearts? Do you really trust companies who live for profit to keep our air and water safe? People always cry "it's the government" when convenient or it engages in some act that they do not approve. But they fail to commend the government on its efforts to keep us safe.

Reply
Mar 2, 2016 07:32:29   #
steveo52 Loc: Rhode Island and Ocala Florida
 
TucsonCoyote wrote:
....or some people are just pigs disguised as humans.....that is always possible ! :roll:


That's probably more like the it!
:thumbup: :thumbup:

Reply
Mar 2, 2016 07:57:03   #
Basil Loc: New Mexico
 
TucsonCoyote wrote:
....or some people are just pigs disguised as humans.....that is always possible ! :roll:


Ding ding! I am willing to give B&H the benefit of the doubt. Accusations do not = guilt; but to read some of the anti-capitalist crap in this thread is disturbing. The presumption of guilt rather than the presumption of innocence that any of us would demand is, in my humble opinion, just sad.

Reply
Mar 2, 2016 08:49:12   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
rpavich wrote:
Hahaha....what planet do you live on?

People can sue and bring labor board actions for any reason and companies have no choice but to deal with them, and frequently that means to pay out the extortion cash.

In the news yesterday they interviewed folks from B&H who've worked there for a long time and they say that they've never seen anything like what's being described.


The same one as you, only in a different area. NYC Metro area to be exact. Yes, people "can" sue, but when there is no merit, no good law practice is going to waste it's time.

Here are some other interviews and stuff to read that might be of interest to you:

http://www.wnyc.org/story/92977-bh-photo-employees-say-not-everything-picture-perfect/

http://hyperallergic.com/245203/employees-protest-conditions-move-to-unionize-at-independent-photo-retailer-bh/

http://www.thenation.com/article/workers-fight-back-against-racism-wage-theft-toxic-hazards-and-chronic-overwork-at-brooklyn-bh-warehouse/

It does help to be informed - better yet - visiting the store in person will give you a complete perspective.

I used to go there often - after all, I am only 30 mins away by car. I have found more and more of what I need from other sources, therefore I no longer have to go there. And I rarely set foot in the other megastore, Adorama, though their store is more internet sales and has less of a brick and mortar presence.

Have you ever been to either of them? I have been going to B&H since the mid 70s at their previous two locations.

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