Tag: discrimination

Implicit Bias Can Take Toll on Performance Review Process

More and more employers are exploring unconscious bias and what they can do to manage the damage caused by biases people may not even realize they harbor. Most of the attention has focused on unconscious bias’s effect on hiring and how it causes uncomfortable interactions between coworkers and the public. But biased attitudes also can […]

DACA

Civil Rights Law Opens Door for DACA Recipients to File Alienage Discrimination Claims

In the past, employers were comfortable instituting policies that permitted them to refuse to hire Deferred Action for Childhood Arrivals (DACA) recipients with employment authorization. The policies were founded on the belief that since DACA recipients were not classified as “protected individuals” under the Immigration and Nationality Act (INA), employers had absolute discretion under the […]

fired

Firing Employee Who Made Threats: Opposition Isn’t Always Protected

The Iowa Court of Appeals recently found that an employee who made violent threats on Facebook couldn’t sue her former employer for retaliation after she was terminated. The court’s decision is important because it allows employers to make termination decisions when a protected complaint is pending. In other words, not all opposition is protected.

discrimination

Pretextual Failure to Promote Produce Worker Is a Recipe for Disaster

HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. Under the standard, an employee presents a prima facie (minimally sufficient) case that he belongs to a protected class and suffered an adverse action. The employer then presents a legitimate nondiscriminatory reason for its action, and he in […]

Avoiding Age Discrimination in the Recruiting Process

Age discrimination often happens inadvertently. After all, most of us don’t set out to intentionally exclude older workers. We can rationally recognize that older workers are just as valuable as any other worker, and may often bring years (even decades) of experience and knowledge. Yet, age discrimination—both intentional and unintentional—still happens frequently during the recruiting […]

discrimination

Was Graveyard Shift Transfer a Result of Discrimination?

A federal judge in Aberdeen, Mississippi recently heard an employee’s claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment.

ADA

First Things First: Court Outlines Test for ADA Interference Claims

At the end of September, the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), outlined—for the first time—the test for analyzing disability-based interference claims under the Rehabilitation Act and the Americans with Disabilities Act (ADA).

TV

Dallas EEOC Office ‘Hovers Over’ Alleged Age Bias by TV Station

The Dallas office of the Equal Employment Opportunity Commission (EEOC) recently sued a local TV station for age discrimination. The station’s on-air traffic reporter who circled over Dallas-Fort Worth (DFW) traffic resigned, and a replacement needed to be found. The replacement, a 24-year-old, was allegedly unqualified for the position. The EEOC claims that a very […]