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Discrimination / Harassment

Don’t feel obligated to promote from within if better outside candidates are available

10/08/2010

It makes sense for employers to promote from within. But sometimes it’s better to choose a candidate from a broader pool of potential employees. That may mean some current employees will be disappointed—and may even sue. Recently, a federal court affirmed that internal candidates don’t have an automatic leg up and aren’t entitled to preferential promotions.

Ohio’s outsourcing ban called biased against foreign firms

10/08/2010

Gov. Ted Strickland has issued an executive order banning outsourcing of the state government’s information technology and back-office functions. The move, viewed by many as an election year move to create jobs for Ohioans, has raised the ire of the National Association of Software and Services Companies.

Workplace bias claims by Muslims on the rise

10/08/2010
After the 9/11 attacks, claims of workplace discrimination by Muslims spiked in 2002 with 1,463 claims of bias to the EEOC. But the past two years have seen a resurgence in claims: 1,304 in 2008 and 1,490 claims last year.

ABM settles harassment charges for $5.8 million

10/07/2010

Century-old, New York City-based building maintenance giant ABM has reached an agreement with the EEOC to settle sexual harassment charges stemming from its operations in California’s Central Valley. The alleged harassment included unwanted touching, men exposing themselves to female employees and rape.

When personalities clash, document reason for conflict

10/07/2010
You can’t just shrug off co-worker conflicts. Instead, carefully document the problem just in case an employee sues. You’ll be able to show that personality, not discrimination, is the reason for an employee’s problems.

N.Y. court refuses to apply Ledbetter Act to pay disparities because of missed promotions

10/07/2010

When Congress passed the Lilly Ledbetter Fair Pay Act, it sought to guarantee women who had been denied equal pay in the past fresh opportunities to challenge their lower pay with each paycheck issued. Now a woman alleging sexual harassment and retaliation has tried to use that act to revive old claims relating to promotions. Her bid to expand the law in court failed.

Bloomberg, court lock horns over firefighter hiring

10/07/2010
A Brooklyn court has extended an injunction preventing New York City from hiring new firefighters because existing hiring tests discriminate against minorities. The court proposed five alternative hiring plans that would bypass continued use of tests, but Mayor Michael Bloomberg claims all five require the city to use illegal quotas.

Pay cut? Beware constructive discharge claim

10/07/2010

Can an employee you never fired sue you for a discriminatory termination? Oddly enough, yes. Under some circumstances, an employee can quit and claim she was “constructively discharged.” To do so, she has to show conditions at work were intolerable. And now a federal court has concluded that cutting someone’s pay can be an intolerable condition.

Supremes start work: 3 employment law cases on High Court docket this year

10/05/2010
The Supreme Court term that began yesterday will decide three important employment law cases. Here’s our round-up of upcoming High Court arguments that could affect background checks, discipline and firings and the tricky issue of determining the employment eligibility of foreign-born workers.

Can we be liable for religious bias if we require a job applicant to cut his hair?

10/04/2010
Q. Our company requires male employees to keep their hair short. However, a recent applicant has stated that his religion doesn’t allow him to cut his hair. Will requiring him to cut his hair to get the job violate federal law?