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Employment testing and discrimination in the post-Ricci era

01/11/2010

Like every other aspect of the employer-employee relationship, a variety of federal and state laws govern how employers can administer job-related tests. Last year, the U.S. Supreme Court ruled in Ricci v. DeStefano that employers violate Title VII if they do not validate job testing results solely because they fear a lawsuit.

Wasted at work? You don’t have to tolerate it!

01/11/2010

Some employers foolishly worry that they may violate the ADA or the FMLA if they enforce a zero-tolerance policy that forbids employees to work under the influence of alcohol. The simple reality is that employers have every right to expect workers to show up sober in the morning. Furthermore, being an alcoholic is no excuse.

Set job application rules, apply them equally

01/07/2010

Employers are free to create reasonable rules for submitting job applications and make potential employees follow those rules. As long as your rules aren’t enforced in a way that favors one group of applicants over others, courts will let you reject an applicant for failing to follow those rules.

Take a proactive approach to prevent workplace violence

01/07/2010

Recent workplace shootings in Orlando, Fla., and Fort Hood serve as powerful reminders that employers must heed signs that an employee could act out and harm co-workers or supervisors. There were 768 violence-related deaths in the workplace in 2008. Despite those disturbing numbers, many employers stick their heads in the sand. They put their assets and employees at risk by gambling that “it couldn’t happen here.”

Keep your workplace drug-free without creating liability

01/07/2010

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. But that’s easier said than done. 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.

Lawsuit-free hiring: The 5 laws you need to know & 4 steps you need to take

01/06/2010

When it comes to employment lawsuits, HR is a lot like flying an airplane: The most risky parts of the trip are at the takeoff (hiring) and the landing (dismissal). With hiring, you can limit the employment-law risks by following the legally safe steps and training supervisors to do the same.

Rutgers settles race bias case with maintenance workers

01/06/2010

Four minority maintenance workers have settled their race discrimination case with Rutgers University. According to The Star-Ledger, the workers—three black and one Hispanic—alleged they were consistently passed over for promotion in favor of white employees.

Legal compliance starts at the very beginning—with hiring

01/05/2010

Protecting yourself and your organization from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. To stay out of court, build your hiring process around these principles:

Employment Contracts

01/03/2010

HR Law 101: Some employers and employees choose to enter into an employment contract. Usually the worker is seeking job security, while the company wants to protect its trade secrets and sales territories. However, if you sign an employment contract, you may find that you’ve given away more than you bargained for …

Genetic Information Nondiscrimination Act

01/01/2010

HR Law 101: The Genetic Information Nondiscrimination Act (GINA), signed into law in May 2008, prohibits employers with 15 or more employees from discriminating against job applicants or employees based on their genetic information in hiring, firing, compensation or any other terms of employment.