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Banning Unsolicited Résumés


Q. Our company doesn’t want to consider unsolicited résumés as applicants. We are trying to come up with a legally sound definition for “applicant” so we can write an official policy. —H.D., Wisconsin

Indemnify a Noncompete? Not So Fast


Q. We want to hire an individual who signed a noncompete with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him? —V.M., Virginia

Study: Race colors perceptions of workplace discrimination

A new national survey of 1,000 workers portrays sharply different views of how minorities are treated at work, and should serve as a wake-up call to employers. One key …

Create a job testing policy that’s rock solid and bias-proof

Charles Sledge, an African-American builder at a tire manufacturing plant for 23 years, was repeatedly denied the chance to interview for a promotion to mechanic. In every case, the positions were …

Unfair hiring practices can be fodder for RICO claims

Commercial Cleaning, a janitorial service, filed suit against a competitor for violating the Racketeering Influenced and Corrupt Organizations Act (RICO). The company claimed its competitor hired illegal aliens, helping it …

One instance of sex-based pay is enough to prove discrimination

Despite having applied for the position of route manager, Michelle Hennick was hired for the lower-level job of new account specialist for Schwans, a direct frozen-food seller. Hennick later sued the …

High court: EEOC can circumvent arbitration pacts

In another highly anticipated decision, the Supreme Court ruled last month that the U.S. Equal Employment Opportunity Commission (EEOC) can file lawsuits on behalf of workers who had previously given up …

Commuting perks: New rules make them more attractive

Although 86 percent of American workers feel that commuter assistance benefits, such as discount transit passes, ride-sharing boards or parking benefits, are beneficial, only 17 percent have access to such perks, …

Accept Worker’s Choice of I-9 Documents


Q. Is it true that under a recently passed law, our company no longer can request copies of picture I.D. and Social Security cards? —A.G., Texas

Leaving managers untrained is ‘extraordinary mistake’

Anthony Mathis had 24 years’ experience selling cars, but the application he dropped off at Phillips Chevrolet didn’t even get him an interview. The dealership hired seven younger salespeople. Mathis …