Discrimination / Harassment

Prepare hiring managers to explain interview assessments

08/04/2008

Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants …

Come down hard on supervisors: No telling employees to drop discrimination complaints

08/04/2008

Want to know the easiest way to turn an almost-sure win in court into an almost-certain loss? Allow supervisors to tell employees they should drop an EEOC or other discrimination claim. The simple act of suggesting that a lawsuit isn’t in the employee’s best interest may amount to retaliation if the suggestions would dissuade a reasonable employee from complaining in the first place.

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008

President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Tell managers: You must let disabled applicants prove merit

08/01/2008

Disability rights groups sometimes target specific employers to see whether they harbor latent disability discrimination tendencies. An advocate will call a prospective employer and inquire about an open position. The prospective employer can’t say no to an interview without risking a disability lawsuit. But agreeing to the interview is only the beginning …

Beware too much emphasis on candidate’s demeanor

08/01/2008

The more subjective factors you use to set one applicant apart from another, the more likely a court will challenge your decision-making. That’s because some judges and juries may see subjective judgments such as “aggressive” or “confrontational” as code for some form of discrimination …

Your attorney’s expertise is key to crafting severance agreements that stick

08/01/2008

Are you going to discharge an employee you suspect may sue for retaliation or discrimination? Then you probably have already considered softening the blow with a severance agreement. Sometimes money has a way of preventing expensive and time-consuming lawsuits …

Government employees can sue without first filing administrative complaints

08/01/2008

The Supreme Court of Ohio just made it easier for public employees to sue their employers. It ruled employees could go directly to court instead of pursuing administrative remedies first. That means less time and fewer opportunities for employers to resolve any discrimination complaints before they go to court …

Discrimination / Harassment

Prepare hiring managers to explain interview assessments

Come down hard on supervisors: No telling employees to drop discrimination complaints

The Genetic Information Nondiscrimination Act finally becomes law

Tell managers: You must let disabled applicants prove merit

Beware too much emphasis on candidate’s demeanor

Your attorney’s expertise is key to crafting severance agreements that stick

Government employees can sue without first filing administrative complaints

You have to work hard to get this much bad press

$46.7 million for manager who blew whistle on age discrimination

Merrill Lynch hit with age discrimination lawsuit

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