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Ohio

Kaplan colleges sued for screening with credit histories

01/11/2011

The EEOC has filed suit against Kaplan Higher Education Corp., alleging its use of credit histories to screen job applicants has a disparate impact on blacks. The credit histories aren’t necessary, the EEOC says, and don’t predict whether the applicant will perform the job well. Kaplan has defended the practice as a way to protect the company against potential fraud and theft.

Lame duck Senate confirms new EEOC members

01/11/2011

After months of relative inaction in the 111th Congress in the run-up to last November’s elections, the busy end-of-year “lame duck” session saw Senate confirmation of President Obama’s appointments to the EEOC: Chair Jacqueline Berrien, Commissioners Chai Feldblum and Victoria Lipnic and General Counsel P. David Lopez.

Nail down specific dates to defeat late lawsuits

01/11/2011
Courts are losing patience with former employees who wait to sue an employer—as long as the employer can produce concrete proof that the employee filed too late.

Disparate impact not enough to prove age discrimination

01/11/2011
Employees can challenge employment practices based on the disparate impact they have on a protected class. When that class consists of older workers, employers can save themselves by showing that a reasonable factor other than age motivated the policy.

When the EEOC is on the prowl, it may be time to consider settling

01/11/2011

The EEOC doesn’t often sue on behalf of employees. Instead, it generally relies on private attorneys to file lawsuits. When the EEOC does sue, it’s usually because it has spotted what it believes is a case of widespread discrimination. Faced with a possible class-action suit, it may make sense for employers to settle.

How to win sexual harassment lawsuits: Institute robust anti-harassment training policy

01/11/2011
The Supreme Court long ago ruled on the many steps employers can take to avoid liability for sexual harassment. But some employers still fail to cover sexual harassment in their ongoing training programs. If that sounds like your organization, resolve now to increase your education efforts. As this case shows, it’s well worth the effort.

Beware forcing arbitration agreements on minors

01/11/2011
Here’s a problem that may never have occurred to management when it decided to use arbitration as an alternative to costly court litigation: Arbitration agreements are contracts, and not all employees can enter into binding contracts—minors, for example.

Credibility plays part in handling harassment

01/03/2011

When you have to fire a protected-class employee for sexual harassment, there’s always the fear that he will turn around and sue for discrimination. But remember: Credibility plays a part in deciding what happened in cases of alleged harassment. If a respected and trusted employee made the harassment accusation, the fired worker will have a hard time winning a lawsuit.

When conducting bias investigations, you don’t need to be perfect–just reasonable

12/31/2010
Here’s a bit of good news for HR professionals who worry that they aren’t conducting perfect investigations. Courts just want to see employers act reasonably. That doesn’t mean investigations must prove employee misconduct beyond a reasonable doubt.

Of separation & slimebags: ‘Common slang’ & severance agreements

12/07/2010
I’ve seldom, if ever, negotiated a separation or settled an employment dispute for an employer without insisting that the signed agreement include a nondisparagement clause. The reality, however, is that a clause in a contract is only as good as one’s ability to enforce it after it has been breached. That’s not as easy as it once was.