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Discrimination / Harassment

Résumé-Screening software: legal risks and precautions

09/01/2006

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants’ race, religion, gender and national origin, they likely can’t create a disparate-treatment case. However, such programs can still have a disparate impact on minorities …

When punishing employees’ use of slurs, equality counts

08/01/2006

The mantra in real estate is "location, location, location." But the mantra in employee discipline must always be "consistency, consistency, consistency" …

A ‘Perfect storm’ for organized labor is forming over Texas

08/01/2006

For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant …

OK’ing medical leave won’t equal acceptance of disability

08/01/2006

If you’ve ever wondered whether allowing an employee to take medical leave will tie your hands if it comes time to challenge that employee’s disability claim, take heart. Just because you didn’t ask for medical proof of disability once, that doesn’t mean you can’t later …

Subjective fear of discipline no reason to quit

08/01/2006

To make a "constructive discharge" claim, employees must show that their working conditions were so intolerable that they had no choice but to quit and that those conditions amounted to discrimination based on age, race, sex or some other protected characteristic. But, as a new ruling shows, an employee’s subjective "fear of future discipline" isn’t grounds for a lawsuit under this constructive-discharge theory …

Making Transfers: Prepare to Prove New Job Isn’t a Dead-End

08/01/2006

When it’s time to restructure your workplace, beware the potential legal dangers of transferring employees to jobs that have no growth potential. That could be viewed as an adverse action that triggers a discrimination lawsuit …

South Philly cheesesteak icon hit with discrimination charge

08/01/2006

Geno’s, one of the two self-proclaimed creators of the Philly Cheesesteak, has been charged with discrimination by the Philadelphia Commission on Human Rights. The charge stems from a sign in the restaurant stating "This is America … When Ordering Speak English" …

3rd Circuit Vacates Ruling on ‘Ministerial Exception’

08/01/2006

The 3rd Circuit has vacated its decision on the so-called "ministerial exception" and referred the case for rehearing …

Train supervisors on new risk of workplace retaliation

08/01/2006

If your organization doesn’t currently make it clear that it prohibits supervisors from retaliating against employees who complain about discrimination, now’s the time to hammer home that message …

Don’t break wage promises to visa holders

08/01/2006

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises …