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Employment Law

Lame duck Senate confirms new EEOC members

01/11/2011

After months of relative inaction in the 111th Congress in the run-up to last November’s elections, the busy end-of-year “lame duck” session saw Senate confirmation of President Obama’s appointments to the EEOC: Chair Jacqueline Berrien, Commissioners Chai Feldblum and Victoria Lipnic and General Counsel P. David Lopez.

Nail down specific dates to defeat late lawsuits

01/11/2011
Courts are losing patience with former employees who wait to sue an employer—as long as the employer can produce concrete proof that the employee filed too late.

Disparate impact not enough to prove age discrimination

01/11/2011
Employees can challenge employment practices based on the disparate impact they have on a protected class. When that class consists of older workers, employers can save themselves by showing that a reasonable factor other than age motivated the policy.

When the EEOC is on the prowl, it may be time to consider settling

01/11/2011

The EEOC doesn’t often sue on behalf of employees. Instead, it generally relies on private attorneys to file lawsuits. When the EEOC does sue, it’s usually because it has spotted what it believes is a case of widespread discrimination. Faced with a possible class-action suit, it may make sense for employers to settle.

How to win sexual harassment lawsuits: Institute robust anti-harassment training policy

01/11/2011
The Supreme Court long ago ruled on the many steps employers can take to avoid liability for sexual harassment. But some employers still fail to cover sexual harassment in their ongoing training programs. If that sounds like your organization, resolve now to increase your education efforts. As this case shows, it’s well worth the effort.

Beware forcing arbitration agreements on minors

01/11/2011
Here’s a problem that may never have occurred to management when it decided to use arbitration as an alternative to costly court litigation: Arbitration agreements are contracts, and not all employees can enter into binding contracts—minors, for example.

Use exit interviews to identify patterns of supervisors’ hidden discrimination

01/11/2011

Do you suspect a rogue supervisor is driving away employees belonging to a protected class? If so, begin asking tougher questions during your exit interviews. For example, if several black employees have quit or requested transfers, find out why. The problem may be a biased supervisor who is pushing away good employees—and setting up the company for a lawsuit.

Beware setting up employees for possible embarrassment

01/10/2011
Managers and supervisors should always consider “what if” before they push employees into difficult situations. In the following case, for example, supervisors probably didn’t think ahead what could happen if male firefighters were ordered to drive a firetruck in a gay pride parade.

Poor economy, new legal peril: Refusing to hire the unemployed

01/07/2011
No federal law says it’s discriminatory to refuse to hire unemployed people. However, legislatures in several states are considering bills that would make it illegal to discriminate on the basis of current employment status. Moreover, many who are jobless fall into protected classes—including women, minorities, people with disabilities and those over age 40.

New N.Y. ‘wage theft’ law imposes stiff penalties on employers

01/07/2011
The Wage Theft Prevention Act, a law designed to end what workers’ rights advocates term “wage theft,” takes effect April 12, but the time to plan is now. The new law has teeth. It expands the New York Department of Labor’s enforcement powers, and as much as quadruples penalties on employers that violate the law.