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Hiring

Employees who don’t apply for promotions can’t sue

03/06/2009

Here’s a good reason to have a clear process for posting promotions and explaining that process to all employees: If an employee doesn’t use the process to apply, she can’t sue for failure to promote.

Keep hiring documents to guard against discrimination claims

03/06/2009

Now that Congress has enacted the Lilly Ledbetter Fair Pay Act, it is more important than ever for employers to keep applications and other supporting documents as proof that they set wages fairly and without regard to gender.

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/06/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

9 New York employers make Fortune ‘best to work for’ list

03/06/2009

Nine companies headquartered in New York have made Fortune magazine’s 2009  “100 Best Companies to Work For” list. Seven of the firms are based in New York City. Two Rochester companies also made the cut.

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.

Let applicants review their online applications, résumés

03/03/2009

If you accept applications online and have potential employees provide their résumés electronically, let applicants review their submissions. You’ll avoid unnecessary lawsuits.

14 Texas employers make Fortune ‘best’ list

03/03/2009

Fourteen companies based in Texas have made Fortune magazine’s 2009 “100 Best Companies to Work For” list. Five Dallas/Fort Worth area firms made the list …

Will sealing medical examinations shield us from ADA liability?

03/03/2009

Q. To accommodate out-of-state applicants, we want to conduct medical exams when workers interview on-site for jobs. The test results would be sealed and would be reviewed only if an applicant were offered and accepted a conditional offer of employment. This would reduce the number of trips an applicant would have to make before starting work. Would such an arrangement violate the ADA?

Jobless spike leads to crush of résumés

02/26/2009

The number of Americans receiving unemployment benefits jumped to 5 million last month, an all-time high. The result: Desperate people are applying to anything that resembles a job …

Rejection letters under scrutiny: 7 do’s & don’ts

02/26/2009
Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.