周五，陪审团裁定这家全美规模最大的人力资源协会未能妥善处理一名求职者提出的残疾相关便利请求，需承担法律责任。根据周二公布的法律文件，人力资源协会（SHRM）在所有指控上均被判败诉，因违反《美国残疾人法案》及《弗吉尼亚州人权法》，须支付40万美元的补偿性赔偿金，不过并未被判支付惩罚性赔偿金。
A jury on Friday found the nation's largest HR group liable for mishandling a job applicant's request for a disability accommodation. The Society for Human Resource Management, or SHRM, lost on all counts and was hit with a verdict of $400,000 in compensatory damages for failing to comply with the Americans with Disabilities Act and the Virginia Human Rights Act, according to a legal filing posted Tuesday. No punitive damages were awarded.
此案在SHRM总部所在地——弗吉尼亚州亚历山大市审理。在发布于官网的一份声明中，该协会表示不认同陪审团的裁决，并将考虑上诉的可能性。“此案的影响远不止于SHRM本身，”协会写道，“倘若今天的裁决成为‘雇主必须无条件满足员工所要求的便利措施’这一原则的先例，那么《美国残疾人法案》所倡导的双向协商机制便将形同虚设。我们正全面评估各类上诉途径，旨在维护自身权益，同时也保障全美各地人力资源部门及雇主的运营权利。”
The case was tried in Alexandria, Virginia, where SHRM is headquartered. In a statement posted on SHRM's website, the HR group said it disagrees with the jury's verdict and will evaluate appellate options." This case carries implications well beyond SHRM," the group wrote. "If today's verdict becomes precedent for the principle that an employer must always capitulate to an employee's exact preferred accommodation, the interactive process the ADA was built around ceases to function. We are evaluating all appellate options to protect not just our own position, but the operational rights of HR departments and employers nationwide."
原告代理律师玛丽·昆茨在声明中对该裁决予以肯定：“法律规定，当员工提出便利需求时，雇主必须认真考量其实际需要。这一义务适用于所有雇主，包括那些为众多企业提供相关指导的人力资源协会。”在起诉状中，原告菲奥娜·托雷斯称，2024年6月SHRM曾向她提供产品管理部高级专员一职，但同年7月又撤销了录用通知，理由是她希望带自己的医疗服务犬上班。
Mary Kuntz, a lawyer for the plaintiff, praised the verdict in a statement. "The law requires employers to look seriously at an employee's actual needs when an accommodation is requested," she wrote. "That obligation applies to every employer, including the organization so many others rely on for guidance on these questions." In the complaint, plaintiff Fiona Torres alleged that SHRM offered her a role as a senior specialist in its product management department in June 2024, then revoked the offer that July because she wanted to bring her medical service dog to work.
她表示自己患有糖尿病，而这只狗能比最先进的血糖监测仪更快、更精准地察觉到她血糖水平的波动。
She said she is diabetic and that her dog could detect changes in her blood-sugar levels faster and more reliably than a top-tier glucose monitor.
SHRM在1月提交的一份法庭文件中回应称，其已为托雷斯提供了“多种便利措施”，包括允许她在工作中使用持续葡萄糖监测系统以及胰岛素泵，以便在需要时休息以检查血糖水平，并可在自己的工作站或附近根据需要进食或饮水。此次判决意味着，在不到一年的时间里，SHRM第二次在涉及就业的诉讼中被认定负有责任。
SHRM responded in a January court filing, saying it offered Torres "multiple accommodations," including the ability to use her continuous glucose monitoring system and an insulin pump at work, to take breaks as needed to check her blood sugar levels, and to consume food or drink as needed at or near her workstation. The judgment marks the second time in less than a year that SHRM has been held liable in an employment-related lawsuit.
去年12月，在一个与本案无关的种族歧视和报复案件中，陪审团裁定向SHRM判处1150万美元的赔偿。SHRM销售人力资源认证并提供最佳人力资源实践培训。此后，SHRM已对该判决提出上诉。去年，《商业内幕》报道称，SHRM已卷入各种争议。其中包括一项考勤政策，该政策对上午9点迟到一分钟的员工进行处罚；一份关于“保守”着装规范的备忘录，禁止佩戴亮片；以及一次公司全体会议，会上SHRM首席执行官约翰尼·C·泰勒称部分员工“自命不凡”“自满”且“散漫”。
In December, a jury returned an $11.5 million verdict against SHRM, which sells HR certifications and offers training on best HR practices, in an unrelated race discrimination and retaliation case involving a former employee. SHRM has since appealed that decision. Last year, Business Insider reported that SHRM had been embroiled in various controversies. Those included an attendance policy that penalized workers who arrived a minute after 9 a.m.; a memo about a "conservative" dress code that banned sequins; and a companywide meeting in which SHRM CEO Johnny C. Taylor said some staffers were "entitled," "complacent," and "sloppy."