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Discrimination / Harassment

Before we start background checks, should we start asking applicants for birth dates?

10/30/2009

Q. Our job application doesn’t ask for the applicant’s age or date of birth. However, we plan to start conducting background checks on job applicants we’re seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it’s instrumental to conducting the checks. What should we do?

When workplace romance fizzles, watch out for discipline that looks like discrimination

10/29/2009

When co-workers involved in a romantic relationship break up, tensions can boil over in the workplace. And when an ugly situation creates a need for discipline, things get sticky for employers. Be wary of any discipline that targets just one of the former lovebirds. As the following case shows, doing so can lead to a sex discrimination lawsuit.

‘Get real’ with performance reviews; make sure managers don’t fluff them up

10/27/2009

Your supervisors have probably heard the horror stories of how negative performance reviews have sparked lawsuits from disgruntled employees. That could cause some supervisors to shy away from criticism and give excessively positive reviews to even their poorest-performing workers. The better thing to do is to urge your supervisors to “get real” with reviews.

Beware ‘front pay’ trap when job-seekers sue

10/27/2009

Employees you don’t hire can’t cause too much legal trouble, right? Wrong! In today’s tough economy, frustrated job-seekers are more likely than ever to sue. And if they sue for discrimination and win, courts are increasingly likely to award both back pay and lost future earnings …

Independent contractors can sue for race bias

10/27/2009

Unlike employees, independent contractors can’t sue under Title VII for alleged discrimination. But that doesn’t mean they don’t have legal options if they believe they’ve suffered race discrimination. The 3rd Circuit Court of Appeals has just concluded that an old Civil War-era law still outlaws discrimination in contracting.

Guess again: You can’t avoid liability by ignoring pay discrimination complaints

10/27/2009

The 3rd Circuit Court of Appeals has reversed an earlier decision made just months ago and ruled that when a woman asks for a raise to equal her male counterpart’s pay, ignoring the request is the same as denying the request. The employee may then file a Title VII pay discrimination claim …

Track timing on discrimination suits; missed federal deadlines can kill state claims, too

10/27/2009

Here’s another good reason to push for early dismissal of employee lawsuits when it’s clear the employee has missed an important filing deadline: Doing so may kill state claims that have yet to be filed—if those claims are based on the same facts.

NJLAD protects people perceived as handicapped

10/27/2009

Employees don’t have to actually be handicapped to be protected from discrimination under the New Jersey Law Against Discrimination (NJLAD). It’s enough that an employer perceives them as handicapped. As the following case shows, it doesn’t take much to send such a case to a jury trial.

EEOC: Company illegally used credit, criminal records

10/27/2009

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring. According to the complaint, the credit and criminal background checks are neither job related nor of business necessity. The EEOC alleges they screen out otherwise qualified women and minority candidates.

EEOC charges Mount Gilead modular builder with race bias

10/26/2009

According to an EEOC complaint, Professional Building Systems has subjected African-American employees at its headquarters in Mount Gilead to harassment that included drawings depicting the workers and members of the Ku Klux Klan.