Tag: hiring

News Notes: Republicans Maneuver To Stop Use Of Undercover Employment Testers

Republicans in Congress have said they will support a budget increase for the federal Equal Employment Opportunity Commission—but there’s a catch. They’re demanding that the agency promise to stop using undercover “testers” who pose as job applicants for the sole purpose of scoping out whether your hiring practices are legal. The lawmakers also want to […]

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Sexual Harassment: Court Broadens Your Responsibility For Supervisor’s Misconduct—Even If You Didn’t

You think you’ve done everything by the book. Someone complains that she has been sexually harassed, you immediately conduct aprompt and thorough investigation, and you decide to terminate the accused harasser, a low-level supervisor. But you’re sued for sexual harassment nevertheless, and the court rules against you. Why? Because you can be liable for harassment […]

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Age Discrimination: Important New Proposals To Beef Up California’s Age Bias Laws

In a controversial decision last year, a California Court of Appealruled that you can discharge high-earning employees over age 40and replace them with lower-paid workers, provided your motivationis to save money and not discriminate against older employees. The California Supreme Court recentlyrefused to review the ruling. But now, two important proposalsare pending in Sacramento that would, […]

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News Notes: High Court To Decide Whether HIV Is A Disability

The U.S. Supreme Court has agreed to resolve conflicting lower court decisions about whether people who are HIV-positive, but don’t have any AIDS symptoms, automatically qualify as disabled under the Americans with Disabilities Act. The case, which involved the part of the law dealing with discrimination in public accommodations, arose when a dentist refused to […]

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News Notes: Government Expanding Use Of Undercover Testers

Federal agencies responsible for enforcing anti-discrimination laws are stepping up their use of ‘testers’-individuals who act as job applicants for the sole purpose of scoping out whether your hiring practices are legal. The Equal Employment Opportunity Commission is now utilizing outside vendors to conduct the testing. And the Office of Federal Contract Compliance Programs, the […]

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Hiring And The ADA: Going The Extra Mile To Find An Opening For Disabled Applicants—How Far Should You Go

Whenever someone with a disability applies for a job, you must consider whether a reasonable accommodation would permit the person to do the work. Unfortunately, it’s not always easy to know when you’ve done enough and when you should do more. And while going the extra mile to accommodate a disabled applicant can benefit everyone, […]

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News Notes: Loose Lips And Thoughtless Comments Get Employers Sued

In two recent cases, employers are facing lawsuits based on inappropriate comments the complaining employee never heard or saw. In the first case, a Mexican-American applicant rejected for a position at State Farm Insurance got the green light to sue because the hiring manager later allegedly referred to another employee as a “dumb Mexican.” Although […]

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Background Checks: Important New Credit Report Rules; Plus A 6-Point Compliance Guide

Credit reports can be a useful tool for screening job applicants, but using them recently became more complex. That’s because of several important changes to the federal Consumer Credit Reporting Reform Act that are effective September 30, 1997. If you violate these provisions or a similar state law, you can be sued for steep penalties, […]

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Employer Alert: Government Expands Use Of Undercover Testers In California

Last year we warned about “testers”-individuals who act as job applicants for the sole purpose of scoping out whether your hiring practices are legal. A new report has concluded that testers can help expose bias in hiring, and the government now plans to deploy these undercover applicants in California workplaces.

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Violent Employees: Failing to Adequately Investigate and Supervise Can Spell Trouble

Much has been said in recent years about the phenomenon of postal service workers and other employees who go berserk and harm co-workers or innocent bystanders. Now, in a new case, the post office was sued for more than $500,000 when an employee with a violent background attacked a tow truck driver. This lawsuit is […]

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