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Discrimination / Harassment

Say no to accommodations if ‘disability’ barely scratches the surface of credibility

11/25/2008

Employees have the strangest ideas about what constitutes a disability and whether they are entitled to a reasonable accommodation. For example, many people have minor phobias—let’s say a fear of spiders. That doesn’t mean employers have to provide a spider-free workplace.

Pay attention to timing when asking applicants to sign arbitration agreements

11/25/2008

Requiring employees to arbitrate most employment disputes can save your organization time and money—if you can get the agreement to stick.

Is there a legal reason to have employee photos in your files?

11/25/2008

Sometimes, it seems employees and their lawyers can take even the most benign evidence and find a way to twist it into a discrimination case — even something as innocent as including photographs of applicants and employees in personnel files.

‘Sweeping’ changes in store for HR & employers

11/21/2008

Change. America voted for it, and the HR world will certainly receive its fair share next year. The arrival in Washington of President-elect Obama and a firmly Democratic-controlled Congress will spark an array of legislative and regulatory proposals that could rewrite the employment law rule book.

Ballot initiatives in several states and cities usher in employment law changes

11/21/2008

While the Obama victory grabbed the headlines on Election Day, voter referendums in several states and cities ushered in important employment law changes. Here are some key results.

Exhibit A: What not to ask applicants for HR jobs

11/21/2008

Frank Bruno aced his first round of interviews for an HR director job at Unitek USA in Pennsylvania. But during his final interview, one of the company’s board members asked the 55-year-old Bruno, “How old are you, 78?”

‘Hey, lady! That’s a man’s job!’

11/21/2008

Maybe a long, long time ago, in a far, far away place, folks used to tell women, “Oh, you can’t do that … it’s a man’s job.” Maybe the work was too heavy, muddy or risky? But welcome to 2009, where jobs are no longer classified by gender. Better check to make sure your hiring managers understand that, too!

Exception covers some, not all, church staff

11/20/2008

Churches, church schools and other religious institutions don’t always have to follow federal employment laws. That’s because religious entities are entitled to operate free of interference with their religious practices—if the employees in question are part of that religious practice.

Honesty clause on application can stop frivolous lawsuits

11/20/2008

Here’s a reason to make sure that your applications include an honesty provision: If an applicant sues for discrimination, she won’t get very far if you catch her being less than honest on the application.

Genetic information and testing under Michigan law and GINA

11/20/2008

Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress …