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Hiring

Philadelphia pushing for more diverse union work force

03/01/2008
In what the Philadelphia City Council is calling a “historic accord,” the city and building trade unions that will work on the $700 million expansion of the Philadelphia Convention Center have agreed to increase the number of minority participants. Under the agreements, the unions have disclosed the demographics of their membership and will push to diversify …

Candidates who reapply get another chance to file discrimination complaints

03/01/2008
Think time will make a discrimination case go away? Think again. Even if you think a previous complaint has been resolved or run its course, a former applicant or employee who applies for another job can still sue for discrimination if she is again turned down …

FedEx appeal of misclassification decision won’t be heard

03/01/2008
The U.S. Court of Appeals for the 7th Circuit in Indiana refused to hear an appeal from FedEx Ground on the nationwide class action certification of its delivery drivers in a lawsuit that could cost the company billions …

It’s essential to have clear hiring and promotion criteria

03/01/2008
The more specific and clear the minimum hiring or promotion criteria, the better. Detailed requirements net you better candidates and allow you to defend your hiring decisions later—if you need to …

Make sure supervisors can back up their promotion decisions

03/01/2008
Not every organization has a formal program for handling internal promotions. Some rely strictly on supervisor recommendations and employees’ expressions of interest to identify candidates. That can lead to big trouble if supervisors can’t later articulate who wanted a promotion and why they recommended (or declined to recommend) an employee for a new job …

Non-Minorities can’t sue on basis of minority discrimination

03/01/2008

Good—and somewhat obvious—news: Job applicants who are not members of a protected class can’t sue for discrimination on the basis that an employer’s hiring practices discriminate against minorities …

What questions are off limits when talking to references and past employers?

03/01/2008
 Q. I understand that it’s illegal to ask applicants certain personal questions. But are there any questions I can’t ask a reference or previous employer? …

Former employees can sue for retaliation, too

03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Undocumented workers jailed

03/01/2008
Three illegal immigrant workers arrested in a raid at Smithfield Foods’ Tar Heel packing plant have been sentenced to 18 months of imprisonment, followed by deportation. All three pleaded guilty to fraud and misuse of documents …

If possible, manager who hired should be the same one who fires

03/01/2008

It stands to reason that a manager who thinks enough of an applicant to hire her won’t turn around and fire her a few months later in a fit of discrimination, especially if the applicant belonged to a protected class. That’s why it makes sense to have the same people who made the hiring decision be part of the termination process if the need should arise …