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Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]
by David S. Fortney, Fortney & Scott, LLC Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating. Recent developments include renewed efforts by the White House to enact legislation to increase employers’ […]
Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how […]
Arizona’s new immigration law, Senate Bill (SB) 1070, authorizes state and local law enforcement officials to inquire into the immigration status of any person “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.” The law regulates aliens directly, not by means of the employer-employee relationship. Nevertheless, […]
Administaff, Inc., a nationwide company that provides full-service HR services to small and medium-size businesses, has agreed to pay $115,000 and furnish substantial remedial relief to settle a religious harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in Baltimore. According to the EEOC’s suit, Texas-based Administaff and Conn-x, LLC, a Florida-based cable service […]
On Wednesday, President Barack Obama signed a federal memorandum requiring executive agencies to extend to same-sex partners the employment benefits equivalent to those granted to opposite-sex partners. The memorandum expands benefits previously provided to same-sex partners in an executive memorandum signed last October and is the latest in a handful of government moves to preserve […]
The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]
The American workplace is changing. There are more women, minorities, immigrants, nonimmigrant contract workers, non-English-speaking or limited-English-speaking workers, and older workers in the workforce today. Those employees have different needs, expectations, and skills that present many challenges for management. You must not ignore those differences. Ignoring them simply leads to confusion, conflicts, and eventually discrimination […]
By Terence H. McGuire Recently, a federal district court in New York ruled that a worker retained to perform public relations and other promotional services for a clothing manufacturer could proceed to trial on claims under the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) that he […]
We are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotypes associated with their group. — U.S. Supreme Court Price Waterhouse Facts Brenna Lewis started working for Heartland Inns, a small hotel chain, in July 2005. She mainly worked as a night-shift auditor, and in the […]