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Discrimination / Harassment

Court nixes Section 1983 protection for age bias cases

05/06/2010
The 5th Circuit Court of Appeals has refused to expand the ways in which employees can charge their employers with age discrimination. It ruled that the ADEA pre-empts Section 1983 of the Civil Rights Act when it comes to age discrimination.

Fair Credit Reporting Act doesn’t apply to complaints that lead to firing

05/06/2010
If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.

Don’t get nicked by grooming policies that have disparate impact on minorities

05/06/2010

Employers have the right to set grooming policies—within limits. One thing you can’t demand: Grooming practices that may be impossible for some employees to follow. Consider, for example, a rule that forbids facial hair. That could have a disparate impact on black men because of a genetic and permanent skin condition called pseudofolliculitis barbae. The condition makes it impossible to maintain a closely shaved face.

Ledbetter timing applies to Texas cases, too

05/06/2010

Here’s a big new worry for Texas employers: Employees who want to sue over long-ago discriminatory pay decisions can do so within 180 days of the last discriminatory paycheck, at least according to one state appeals court. The 1st Court of Appeals has ruled that the federal Lilly Ledbetter Fair Pay Act applies to discrimination cases under the Texas Commission on Human Rights Act as well as Title VII claims.

Keep good disciplinary records, win lawsuits

05/01/2010

You know how important it is to consistently apply disciplinary rules and ensure no form of bias creeps into the disciplinary process. That’s one reason it’s crucial for HR to keep disciplinary records on file. If employees allege that you disciplined them in a discriminatory way, you’ll be able to show no one was treated more favorably than anyone else.

Consider shift change to accommodate disability

04/28/2010

Generally, employers aren’t responsible for helping their disabled employees with their commutes. For example, unless an employer provides transportation for other employees, it doesn’t have to do so for disabled ones. But what if an employee needs to change her schedule so she can make the commute to work? Does the employer have to accommodate the request? Perhaps.

Bethlehem’s St. Luke’s hospital won’t hire smokers

04/28/2010

St. Luke’s Hospital and Health System in Bethlehem will screen new hires for tobacco use and not hire anyone who tests positive for nicotine. Current employees will not be tested. Employees who fail the screening may try again in six months.

Don’t rewrite job description in middle of hiring process

04/28/2010

Before you post a job opening and begin the search process, be sure the job description is accurate and reflects the experience and qualifications you’re looking for in the ideal candidate. Above all, don’t change the description midstream after you’ve begun reviewing candidates.

EEOC: Goldsboro company wouldn’t accommodate Sabbath

04/28/2010
Goldsboro-based construction company T.A. Loving faces EEOC religious discrimination charges after the company fired several Seventh-day Adventist workers because they refused to work on their Sabbath.

AAA hit with discrimination claim

04/28/2010
Several current and former employees of the Charlotte office of the AAA Carolinas have filed racial discrimination claims against the company, claiming they were passed over for promotion in favor of less qualified white employees.