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Employment Law

EEOC, N.J. man say Accenture’s background checks are biased

05/26/2010
Management consulting giant Accenture faces a class-action lawsuit over its use of background checks on job applicants. The suit, filed in New York, alleges Accenture’s policy of background checks has a disparate impact on minorities.

Employees have 2 years to sue under NJCRA

05/26/2010
Current and former employees have up to two years to sue under the New Jersey Civil Rights Act (NJCRA).

Don’t let fear of lawsuit keep you from firing harasser

05/26/2010
There’s no way around it: When you fire someone who has been harassing other employees, he may sue. Accept that fact and carefully document the investigation that led to the termination.

Have business justification for hiring rules that could cause disparate impact

05/26/2010

Is your workforce less diverse than the local labor market? You can head off discrimination lawsuits by citing legitimate business needs that justify hiring rules that seem to cause disparities. The best approach: Have a clear business justification for any screening or job criteria you use, even if you don’t expect they will cause a disparate impact on any protected group.

Weigh retaliation risk when firing worker who has complained of discrimination

05/26/2010

Before terminating an employee who has recently filed a discrimination claim, consider whether the timing may provoke a retaliation lawsuit. Generally, the closer in time to the complaint a termination occurs, the more likely a court will order a jury trial. You may still terminate the employee—if you’re sure that’s appropriate.

No-fault attendance alert: Think twice before firing FMLA-eligible employee

05/26/2010

Employers can use no-fault attendance policies as a way to control absenteeism. There’s no doubt about the effectiveness of no-fault programs, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits. But before you fire an employee for breaking your absenteeism rules, carefully consider whether he is eligible for FMLA leave.

Include contract disclaimers in your handbook

05/26/2010

If, like most employers, you use an employee handbook to manage the workplace, remember that you must ensure that employees understand that the handbook is not a contract. Do that by clearly stating that employment is at-will and that employees can be fired for any reason or no reason.

Beware shifting explanations for HR decisions

05/26/2010

When it comes to hiring and retention decisions, make sure that everyone involved in the process is on the same page. Decide on the criteria and stick with them for all candidates. Otherwise, shifting explanations about who is chosen and who is rejected can look like intentional efforts to manipulate the choice and hide underlying discrimination.

Creating drug-free workplace: How to draft a policy, conduct legal tests

05/26/2010

When drug abuse isn’t an obvious problem in the workplace, it’s easy for employers to develop a cavalier attitude about it. That’s not smart. It’s in your best interest to detect employee drug abuse early and root it out immediately. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.

Supreme Court: Title VII deadline clock resets with each new biased decision

05/25/2010
The Supreme Court has unanimously ruled that the Title VII lawsuit clock resets each time an employer uses apparently biased job-qualification tests to make hiring decisions. Lewis v. Chicago recharts the litigation calendar, while recalling two other landmark Supreme Court cases.