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Hiring

State agency to learn whether ‘Preselection’ is discrimination

09/01/2007

An energy specialist with the Ohio Department of Development filed a race-discrimination complaint with
the Civil Rights Division, arguing the department passed him over for promotions to two positions because he is black. The department acknowledged it had created the positions specifically with two other men in mind to keep them from leaving …

Instruct supervisors: No work before official hire date

09/01/2007

Make sure all supervisors who have direct contact with job applicants understand this simple rule: No new employee performs any work until HR approves the hiring and provides a start date. Otherwise the applicant’s time spent “working” may become the basis for a Fair Labor Standards Act (FLSA) claim. Then, it will be your word against the applicant’s as to how many hours he or she actually worked …

Ending employee ‘Lease’ agreement? Timing can save money

09/01/2007

If you have signed up with a “professional employer organization” as a way to outsource your HR headaches but are thinking of ending the relationship, consider this: If you end the contract midyear, you may be liable for additional payments into the state unemployment insurance fund …

Catch phrases can be code for discrimination

09/01/2007

Does your organization use phrases such as “fits our culture” or “understands our vision” as part of the hiring decision? If so, you may be setting yourself up for a discrimination lawsuit. Why? Because courts and juries sometimes view such subjective language as evidence that something else lies behind those phrases …

Firefighters claim Chicago suburb wanted black department

09/01/2007

Four white part-time firefighters have sued the village of Dolton for racial discrimination after the town’s fire department promoted two black firefighters to full-time positions over white candidates with better qualifications. The plaintiffs claim Dolton Fire Chief Jerry McCullough told them, “If you’re not black, you’re not getting hired.” …

Manager’s careless comment on accent shows discrimination under ELCRA

09/01/2007

Under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), it’s direct evidence of discrimination if a supervisor or manager with hiring or firing power makes comments about an applicant’s or employee’s foreign accent. That’s why it’s crucial for HR to remind managers and supervisors to watch what they say …

National Guardswoman fights for promotion and wins

09/01/2007

A black female Michigan National Guard member has won a discrimination suit against the head of the guard, Maj. Gen. Thomas Cutler, and one of his top deputies, alleging they hired a less qualified white man for an airfield manager’s position …

Law boosts pension portability as cash-Balance plans take off

09/01/2007

Dow Chemical Co., based in Midland, has announced it will adopt a cash-balance plan for new employees, making it the largest employer to do so since Congress passed legislation last year protecting new plans from age-discrimination lawsuits …

Tech dominates Michigan’s list of top 25 jobs

09/01/2007

Demand for Michigan information technology analysts and engineers will grow faster than any other career for the next five years, according to statistics compiled by the Michigan Works! Association. Here are the state’s 25 hottest jobs, along with projected demand growth rates …

Promotions and age discrimination

09/01/2007

Q. We are reviewing two employees for a promotion, one is 55 and the other is 45. We are concerned that if we select the younger employee, we will be charged with age discrimination. Are we safer selecting the older employee, assuming both candidates are qualified for the job? …