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Discrimination / Harassment

What is Philadelphia’s law on requesting info on applicants’ criminal records?

08/23/2011
Q. Our company has an office in Philadelphia. Can we ask about an applicant’s criminal and arrest record when recruiting employees to work there?

New Jersey Supreme Court expands damages for whistle-blowers

08/23/2011
The New Jersey Supreme Court has just made it easier for whistle-blowers to recover back-pay damages. In Donelson v. DuPont Chambers Works, the state’s highest court expanded the definition of “adverse employment action” and held that an employee can recover lost wages if the employer’s retaliation caused a disability that made the employee unable to continue working.

State settles with feds over police promotion tests

08/23/2011

The New Jersey Civil Service Com­­mission has settled a complaint with the U.S. Department of Justice concerning its promotion practices for police sergeants. The DOJ alleged the state’s method of scoring and using written examinations had a disparate impact on black and Hispanic officers in violation of Title VII.

Princeton cop wins $525K retaliation judgment

08/23/2011

A Mercer County Superior Court jury has awarded a former Princeton police officer $450,000 in compensatory damages—plus $75,000 in punitive damages—after it decided the borough retaliated against him for filing a civil rights complaint. Princeton officials say they will appeal the jury’s decision.

Don’t bury disabled with work while letting others slide

08/23/2011
Re­­mind supervisors: If they pile on the work for disabled employees but not everyone else, there’s probably a disability discrimination lawsuit brewing.

Common sense prevails: Simply belonging to protected class doesn’t justify bias lawsuit

08/23/2011
Good news if you have ever worried about a lawsuit from an employee who was passed over for a promotion in favor of someone outside the employee’s protected class. While it’s impossible to guarantee you will never be sued, courts generally look favorably on properly run, fair hiring and promotion processes.

Experience isn’t the only valid job qualification

08/23/2011

The job candidate with the most experience might also be the oldest applicant. But that doesn’t mean you always have to pick him. You can use other factors as long as none of them hints at age discrimination. The key is to maintain impeccable records showing how and why you chose the candidate you did.

Handbook make-over: 4 guidelines to follow, 5 policies to include

08/23/2011

Each year, new employment laws go on the books and courts write thousands of decisions interpreting old laws. Yet, year after year, HR pros reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago. It’s time for a rewrite. Here’s the guidance you need to get started.

The price of a poorly worded want ad: a cool $1 million

08/23/2011
“Recent college graduates” in their “early 20s and 30s” is how ­Cavalier Telephone described—both orally and in writing—their preference for sales candidates. This overt age bias brought the wrath of the EEOC.

NYU will pay $210,000 to settle discrimination charge

08/19/2011
New York University has settled an EEOC national-origin discrimination and harassment suit that alleged a library worker was subjected to racial stereotypes and criticism.