Tag: Disparate Impact

What #OscarsSoWhite teaches us about disparate impact

I have to admit that I’m just not a big fan of awards shows, and that includes the Academy Awards. Don’t get me wrong, I love movies. But I find awards shows dull and way, way too long. If something extremely funny happens, or someone makes an incredibly touching or socially impactful speech, I can […]

Risk or reward? Ex-offenders present challenge to employers

In a quest for workforce diversity, employers go to great lengths to reach out to people of various races, ethnicities, genders, ages, and backgrounds. But they’re not so likely to reach out to those who have spent time in prison. Yet employers often express a desire to be good corporate citizens that “give back” to […]

Trying applicants on for size: Know the limits of job tryouts

Ever been fooled in a job interview? Some applicants interview well but then turn out to be disappointments on the job. Others might seem iffy during the interview process but become star employees. The uncertainty inherent in the hiring process has led many employers to devise ways to test candidates in real world situations, either […]

American Idol’s ‘cold-hearted’ background check practices

by Kylie Crawford TenBrook The new season of American Idol begins tonight. While viewers are getting acquainted with a new panel of judges and group of contestants, Fox attorneys are battling charges from former contestants.  In July, 10 black former American Idol contestants filed a 429-page discrimination complaint against Fox and the show’s production company […]

Criminal and background reports as evidence in EEOC class actions

by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]

Job Description Alert—Disparate Impact Lawsuit Lurking

For a more detailed explanation, we turned to BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who is a Partner in the New Orleans, Louisiana office of Jackson Lewis LLP. You could set yourself up for a disparate impact suit, Desmond says, if : Your listed requirements on the job description are […]

Business Necessity No, RFOA Yes (Age Discrimination)

EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in Employment Act of 1967 in March and it became effective April 30. EEOC also published an informative Q&A on which this article is based. ADEA and Disparate Impact ADEA prohibits two types of discrimination against workers […]

Dangers of Excluding Unemployed When Searching for Workers

By Reggie Gay Employers that need workers often find themselves inundated with applicants — especially in today’s down economy. Some employers have even resorted to limiting the applicant pool to currently employed individuals as a way of dealing with a deluge of resumes. But that can be a legally shaky strategy. Mastering HR Special Reports: […]

EEOC Sues Over Use of Credit Checks, Criminal Histories

The Equal Employment Opportunity Commission (EEOC) has filed a complaint in the U.S. district court in Maryland against Freeman Companies, a Dallas-based corporate event-planning company. The EEOC claims that Freeman’s use of credit histories and criminal background checks discriminates against black, Hispanic, and male job applicants in violation of Title VII of the Civil Rights […]

Sixth Circuit Affirms Decision to Lay Off Predominantly Female Departments

As more and more companies struggle in this tough economy, many are forced to implement reductions in force (RIFs) and layoffs. Often, RIF decisions lead to litigation if not properly planned. In a recent case, the Sixth U.S. Circuit Court of Appeals held that an employer didn’t discriminate against employees based on gender even though […]