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Discrimination / Harassment

Kaplan colleges sued for screening with credit histories

01/11/2011

The EEOC has filed suit against Kaplan Higher Education Corp., alleging its use of credit histories to screen job applicants has a disparate impact on blacks. The credit histories aren’t necessary, the EEOC says, and don’t predict whether the applicant will perform the job well. Kaplan has defended the practice as a way to protect the company against potential fraud and theft.

Nail down specific dates to defeat late lawsuits

01/11/2011
Courts are losing patience with former employees who wait to sue an employer—as long as the employer can produce concrete proof that the employee filed too late.

Disparate impact not enough to prove age discrimination

01/11/2011
Employees can challenge employment practices based on the disparate impact they have on a protected class. When that class consists of older workers, employers can save themselves by showing that a reasonable factor other than age motivated the policy.

When the EEOC is on the prowl, it may be time to consider settling

01/11/2011

The EEOC doesn’t often sue on behalf of employees. Instead, it generally relies on private attorneys to file lawsuits. When the EEOC does sue, it’s usually because it has spotted what it believes is a case of widespread discrimination. Faced with a possible class-action suit, it may make sense for employers to settle.

How to win sexual harassment lawsuits: Institute robust anti-harassment training policy

01/11/2011
The Supreme Court long ago ruled on the many steps employers can take to avoid liability for sexual harassment. But some employers still fail to cover sexual harassment in their ongoing training programs. If that sounds like your organization, resolve now to increase your education efforts. As this case shows, it’s well worth the effort.

Beware forcing arbitration agreements on minors

01/11/2011
Here’s a problem that may never have occurred to management when it decided to use arbitration as an alternative to costly court litigation: Arbitration agreements are contracts, and not all employees can enter into binding contracts—minors, for example.

Use exit interviews to identify patterns of supervisors’ hidden discrimination

01/11/2011

Do you suspect a rogue supervisor is driving away employees belonging to a protected class? If so, begin asking tougher questions during your exit interviews. For example, if several black employees have quit or requested transfers, find out why. The problem may be a biased supervisor who is pushing away good employees—and setting up the company for a lawsuit.

Beware setting up employees for possible embarrassment

01/10/2011
Managers and supervisors should always consider “what if” before they push employees into difficult situations. In the following case, for example, supervisors probably didn’t think ahead what could happen if male firefighters were ordered to drive a firetruck in a gay pride parade.

Poor economy, new legal peril: Refusing to hire the unemployed

01/07/2011
No federal law says it’s discriminatory to refuse to hire unemployed people. However, legislatures in several states are considering bills that would make it illegal to discriminate on the basis of current employment status. Moreover, many who are jobless fall into protected classes—including women, minorities, people with disabilities and those over age 40.

Lawsuit: NYC watch seller had no time for crucifix

01/07/2011

A workplace conflict that started with jewelry has escalated into a case of dueling lawsuits. On one side: Jamie Errico, former vice president of sales for Manhattan watch retailer Concepts in Time, who has filed a gender and religious discrimination suit against her former employer. On the other: The store’s owners, who are suing Errico for trying to poach customers.