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Pregnant Employees: Answers to Your 20 Toughest Legal Questions

04/26/2007
White Paper published by The HR Specialist ______________________ Not many years ago, pregnant women were subject to poor treatment from employers and company insurance plans as well. But the Pregnancy Discrimination Act (PDA), enacted in 1978, prohibits discrimination on the basis of “pregnancy, childbirth and related medical conditions.” The PDA required most employers to make […]

Choosing Employees for Promotion: A 6-Step Legal Process

04/22/2007
You’re probably relying more heavily on internal promotions than in the past. And as internal candidates compete more and more for coveted “inside” jobs, expect a corresponding rise in the number of failure-to-promote lawsuits when expected promotions don’t materialize. These six steps will help keep you out of court.

Remind bosses: Don’t let ‘Soft’ traits sway hiring, firing

04/01/2007

When it comes to hiring and promotions, one of the quickest paths to the courthouse is relying heavily on a person’s subjective qualifications when objective measures point to a better candidate …

‘Anti-Mom’ comments can trigger messy discrimination lawsuits

04/01/2007

It’s not only illegal to discriminate against females in the work force, it’s also illegal to show bias against certain subsets of women …

Genetic discrimination bill takes another step in Congress

04/01/2007

A committee of the U.S. House of Representatives approved legislation last month that would ban employers from collecting genetic information from employees and applicants and prohibit the use of genetic tests when making employment decisions …

Instruct managers: Make and retain interview notes

04/01/2007

If your managers conduct interviews, whether by phone or live, it’s a good idea to remind them to take and keep good notes of those discussions. They’ll need them in case an applicant (or internal candidate) sues …

ADA: AIDS and HIV

03/28/2007

HR Law 101: In 1998, the Supreme Court issued its first ruling on an AIDS-related issue and its first major interpretation of the Americans with Disabilities Act. The justices made it clear that all persons who are HIV-positive, even though they may show no overt symptoms of the disease, are also protected under the ADA …

ADA: Hiring Practices

03/27/2007

HR Law 101: The ADA prohibits employers from asking job applicants questions that may reveal a disability. You should ask only about the person’s ability to perform a job’s essential functions …

How to handle disabled applicants who bring a ‘Job coach’ to the interview

03/01/2007

In many states, vocational programs pair disabled residents with “job coaches,” who help them find appropriate work and adapt to those jobs. Since the ADA also requires employers to make reasonable accommodations during the hiring process, make sure job coaches are welcome in your interviews …

Asking applicants about age: When is it legal?

03/01/2007

Q. I work as an HR generalist at a large hospital. My supervisor told me to ask a certain applicant for her date of birth during the hiring process. Isn’t it illegal to ask for an applicant’s birth date? —K.G., Philadelphia