Tag: hiring

Violent Employees: Court Rules Employer Not Automatically Liable For Criminal Assault By Employee; 3-Point Lawsuit Prevention Checklist

Maria D. (as she was referred to in court documents) claimed that late one night as she drove along the Pacific Coast Highway in Southern California, she was pulled over by an on-duty Westec Residential Security guard wearing a uniform and gun. The guard allegedly pointed a spotlight in her face, asked for her license, […]

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Hiring Foreign Workers: Congress Ups Quota For H-1B Visas; Practical Impact

Grappling with a chronic shortage of computer programmers and other skilled workers, the high-tech industry successfully lobbied long and hard for an expansion of the H-1B visa program. Employers should face fewer delays in hiring foreign professionals now that Congress has raised the annual limit on H-1B work visas and changed the rules to make […]

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Recruiting Workers: Manager And New Employer Face Liability For Raiding Former Employer’s Staff; 3 Ways To Avoid Recruiting Lawsuits

It’s always disappointing when a top employee leaves your company. But disappointment can turn to disaster—and a lawsuit—if your former star takes along a group of other key employees. That’s what happened in a recent case in which the California Court of Appeal clarified the obligations of existing employees and competitors regarding attempts to lure […]

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Height And Weight Discrimination: San Francisco Ordinance Takes Effect

The proposed San Francisco ordinance protecting applicants and employees from discrimination based on weight and height, which we recently covered, has been formally approved and is now in effect. The law applies to every employer in the city with six or more workers. It also covers all employers—no matter where they’re located—who have contracts with […]

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Accommodating Applicants: Wal-Mart Revamps Procedures After Hearing-Impaired Applicants Sue; How Far Do You Have To Go?

When Wal-Mart settled a disability discrimination lawsuit brought by two deaf job applicants, it didn’t just pay them lost wages and other damages. The retailer also promised to take specific steps to make it easier for hearing-impaired and other disabled workers to apply for and keep jobs. These measures provide a glimpse of what the […]

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News Notes: Holiday Wage-and-Hour Mistakes Prove Costly For Retailer

If you’re considering hiring minors to help out during the holiday season, be sure to double-check the rules. Toys ‘R’ Us has just agreed to pay $200,000 to settle Labor Department allegations that the toy retailer violated federal rules covering the employment of minors. The government charged that 14- and 15-year-olds were hired to work […]

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Americans With Disabilities Act: Historic Supreme Court Ruling Limits Liability For ‘Correctable’ Disabilities

A number of cases in recent years have raised the thorny issue of whether the Americans With Disabilities Act protects workers whose disabilities don’t necessarily affect them at work because they take medication or use corrective devices. Now, in a trio of important new decisions, the U.S. Supreme Court has overturned the Equal Employment Opportunity […]

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Bias In Promotions: Are Your Procedures Adequate? A 4-Point Checklist

You’ve probably put a lot of effort into implementing a well-defined and nondiscriminatory application process for hiring new employees. But many employers don’t always apply the same careful planning when it comes to promotion decisions-an oversight that can be costly. In one recent case, an African-American employee successfully sued her employer for damages after being […]

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Personal Liability Of Supervisors: Latest Ruling Increases Your Risk Of Getting Sued

Late last year, the California Supreme Court ruled that only employers-not individual managers and supervisors-can be forced to pay damages for workplace discrimination claims arising out of routine employment decisions. But the ruling left the door open for lawsuits against individual managers for harassment or retaliation. Now, a new decision illustrates just how easily a […]

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News Notes: Employers Sued By Testers For Hiring Discrimination

Undercover testers-individuals who apply for jobs solely to scope out hiring bias-continue to cause trouble for some employers. The owner of five San Francisco McDonald’s franchises is the latest lawsuit target. Several African-American job seekers were allegedly told that no positions were available or were told to apply in a “ghetto” neighborhood. Others were flatly […]

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