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Hiring

Chipotle fires workers, faces protests, after ICE audit

02/09/2011
Protesters have been picketing some of Minnesota’s 50 Chipotle restaurants after the McDonald’s-owned company fired hundreds of workers—mainly Latino—because they lacked proper documentation. The firings followed an audit by ICE officials, which have now expanded to other Chipotle restaurants nationwide.

Women dominate state workforce, but still earn less than men

02/09/2011
In the wake of a recession that disproportionately caused job losses in male-dominated fields such as construction, Minnesota women are faring slightly better these days, according to new research by the nonprofit Independent Women’s Forum.

Court makes quick work of groundless lawsuits

02/09/2011
Applicants, employees and former employees who lack financial resources can still sue employers in federal court. But that doesn’t mean the judge considering such a case will entertain it for long if it appears to lack merit.

Bias lawsuit alert: If you use job tests, your legal team better include statisticians, too!

02/09/2011

Employment tests generally are a legal minefield. If members of a protected class score significantly lower than other groups, you can expect a lawsuit alleging the test had a disparate impact. And as the following case shows, even court-approved testing procedures are no protection.

Applicant filed for bankruptcy: Can you refuse to hire him?

02/08/2011

Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last month said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story …

Can I ask about attendance without violating ADA?

02/07/2011
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?

Applicant has solid work history? That’s a legitimate reason for promotion

02/07/2011
Sometimes, it’s hard to distinguish one applicant from another. That’s especially true for unskilled positions. How do you choose? If one of the factors you use is work history, rest assured it is unlikely your choice will be challenged successfully.

I-9 issues: To copy or not to copy employee ID documents? (and 4 other I-9 problems that cause employer headaches)

02/01/2011
It is remarkable that a seemingly simple, one-page form—the Form I-9—can cause so many headaches. But who says government forms are easy, much less an immigration-related form? Here are the most common mistakes employers make in filling out the Employment Eligibility Verification form.

Key EEOC lawsuit focuses on credit-check bias

02/01/2011
The EEOC made headlines recently when it filed suit against Kaplan Higher Learning, accusing it of discriminating against black applicants through the way it checks candidates’ credit histories. A handful of states, including Illinois and Washington, ban or severely limit use of credit checks in hiring.

No requirement to tell about drug retest rights

01/28/2011

North Carolina has stringent rules to ensure that employers test their employees for drug use in an accurate and reliable way. The law requires retaining enough of the blood or urine sample so a second test can be conducted if necessary. However, the law doesn’t require employers to tell employees about their retesting rights.