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Discrimination / Harassment

Personality tests don’t trammel constitutional rights, but beware risks

04/01/2005
Many employers use personality tests to identify job-related characteristics, such as maturity or emotional stability. But these tests can carry legal risk when applied incorrectly.
If you use personality tests, …

New law aims to stem the tide of mega class-action lawsuits

04/01/2005
Employers won a big victory when President Bush signed legislation
Feb. 18 that aims to inject more fairness in the class-action lawsuit arena. The Class Action Fairness Act of 2005 …

Terminating smokers: When there’s smoke, can you fire?

04/01/2005
Ever since media reports focused earlier this year on a Michigan company’s strict policy banning smokers on staff, many employers have asked the question: “Can we, should we, do the same?” …

Paying men more than women with the same job titles?

04/01/2005
Issue: As a new ruling shows, a female’s job must be “virtually identical” to a male’s to support an equal-pay lawsuit.
Benefit: You don’t have to fear paying different wages …

The 3 things NOT to say in your sexual-harassment policy

04/01/2005
Issue: The words you leave out of your sexual-harassment policy are as important as those you put in.
Risk: Imprecise, or too precise, wording can paint you into a corner …

Where your religious-accommodation responsibilities stop

04/01/2005
Issue: How far must you go to oblige an employee’s religious practices under federal job-discrimination law?
Benefit: A new ruling says that you don’t need to accommodate religious requests when …

Warn managers not to hire on ‘gut instinct’ alone

04/01/2005
Issue: Establishing quantifiable criteria for making hiring decisions.
Risk: Applicants have an easier time winning hiring-bias lawsuits if they can point to weaknesses in your stated reasons for hiring.
…

Warn managers: no ‘one-sided’ socializing

03/01/2005
Supervisors may naturally feel more comfortable with employees from one gender or the other. But, as a new court ruling shows, it’s important to counsel supervisors never to hold members of …

Age-bias law covers apprenticeships.

03/01/2005
Several applicants over age 40 complained to the EEOC about age bias after they were turned down for admission to a maritime training apprenticeship program. The EEOC sued the program and …

“Confederate Southern-American” isn’t a protected class.

03/01/2005
It’s illegal to discriminate in hiring, firing, promotions or pay because of a person’s national origin. Courts have said national origin must refer to a country where the person was born …