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The Senate’s passage of an immigration reform bill gives employers much to think about, but it’s hardly the last word on the issue. The House has been considering immigration measures of its own and is expected to tackle reform in a completely different way after the July 4 holiday. The Senate passed a comprehensive reform […]
The term “supervisor” is not to be taken lightly when determining the scope of employer liability in employment discrimination claims, according to the U.S. Supreme Court. On June 24, the court held in a 5-4 decision that an employee is a “supervisor” under Title VII of the Civil Rights Act only if he or she […]
By Marc Rodrigue Hiring a new employee can be a lengthy process, fraught with complex evaluations of skills, qualifications, and other attributes. The whole process must of course comply with applicable provincial and federal antidiscrimination laws. What people say during the process may provide evidence that a hiring decision is discriminatory. Where multiple people are […]
by Tammy Binford It’ll soon be July 4th, a day many employers mark by declaring a holiday so employees can have time for patriotic celebrations. But many of those people so fervently celebrated – the nation’s veterans – would be happier to be earning a paycheck than to be feted with a parade. Recent statistics […]
Two large companies that rely on on background checks to screen new hires are being sued by the U.S. Equal Employment Opportunity Commission. It is not illegal for employers to refuse a job to an employee with a criminal background. But in one case the EEOC alleges that a BMW manufacturing facility in South Carolina […]
Provisions of Indiana’s new background check law, which limits the information criminal history providers may give to employers, go into effect July 1. Under the law, criminal history providers won’t be able to provide information related to the following: An infraction, arrest, or charge that didn’t result in a conviction; An expunged record; A record […]
Even though it isn’t a California or federal law requirement, many employers have an employee handbook or at least a few written company policies. Exactly where do those policies come from? The answer to that question is easy―the HR department. But where does HR get the policies that govern the company? The answer to that […]
Conducting workplace investigations is an arduous process, but it can be made easier by having the right policies in place to support the investigation process. In California, where the laws are often more strict than in other states, this is especially important. Policies set the stage for workplace investigations The best place to start a […]
Employees need not have a disability to challenge the legality of an employer’s required medical exams, the 11th U.S. Circuit Court of Appeals has ruled in a case of first impression. At the same time, the court also reaffirmed the ability of an employer to request an examination because it was related to performing a […]
Workplace investigations typically start with an allegation. Perhaps an employee makes a complaint about another employee or manager. Or perhaps he or she advises of an employee harassing another employee. Regardless of the specifics of the allegation at hand, there are some steps that employers should always take at the start of the process. Having […]