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Hawaii

Audit hiring patterns to spot hidden age bias

02/22/2012

When employers choose the youngest candidate for a job, older candidates may suspect age bias played a role. That could mean a lawsuit is looming. If a disappointed applicant sues, it won’t help the employer that the overall candidate pool included many older applicants. What matters is who was selected.

Boss recommends firing minority worker? Check the record for hidden supervisor bias

01/20/2012
Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor per­­former, rubber-stamping that decision can mean losing a discrimination lawsuit.

Employees must apply before suing for failure to promote

12/16/2011
Supervisors don’t have crystal balls that help them tell the future or read employees’ minds. Unless an em­­ployee expresses an interest in being promoted, they don’t have to consider him for open positions.

Explore easy accommodations if employee can’t walk well

11/18/2011
Before you ignore an employee who complains he has a hard time walking, consider the consequences of denying a reasonable accommodation. If a jury finds that the employee is disabled, you may be liable. Instead, explore the problem and make simple accommodations if at all possible.

The ‘Scarlet M’: State uses shame, fines to fight misclassification

10/25/2011
A new law allows the California Labor and Workforce Development Agency (LWDA) to levy fines of at least $5,000 against employers that misclassify workers and requires the em­­ployers to publicize their violations on their company websites. Em­­ployers face penalties as high as $25,000 for willfully misclassifying employees as independent contractors.

Religious speech limited for public school teacher

10/25/2011
The 9th Circuit Court of Appeals has reversed a lower court decision that allowed a teacher to display banners with the word “God” in the classroom.

Better treatment after claim? That’s hardly punishment

10/25/2011

Employees who complain about har­­assment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished. One employee’s case before the 9th Circuit Court failed because his employer treated him well after he complained.

Absolute ban on all who fail drug test upheld

10/25/2011
The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.

Have a progressive discipline system? Beware giving more leeway to younger employees

10/03/2011

It might make sense to give newer employees a bit more leeway when it comes to discipline for poor job performance. After all, sometimes it takes time to learn a job well. But if the newer employees happen to be younger than another, older employee who doesn’t get the same benefit of the doubt, you may spark an age discrimination lawsuit.

Appeals court sends card check case to arbitration

09/16/2011
The 9th Circuit Court of Appeals has sent to arbitration a labor/management dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as em­­ployees’ bargaining representative.