Tag: hiring

Full 9th Circuit Refuses to Review California’s Same-sex Marriage Ban

Employers can expect continued uncertainty regarding whether they will need to adjust their plans, documents and policies to accommodate same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 5 refused a petition that the full bench of the court rehear Perry v. Brown, Nos. 10-16696, 11-16577. That lets stand the ruling by a […]

Translating Hiring Criteria into a Postable Paragraph

Yesterday’s Advisor showed how to clarify what you are looking for in a candidate; today, how to translate that into candidate terms, plus an introduction to BLR’s handy HR audit guide. Translating into Candidate Terms Now you have to translate your desires into concrete terms that you can use in a posting, an ad, or […]

The Critical Step Harried Hiring Managers Leave Out

“I need this job filled, and I want it posted today!” No surprise that managers who are short an employee want a new hire instantly, but that’s a dangerous approach. Slow down, step back, and figure out what you are looking for. In their eagerness to start interviewing, many managers launch their search before they […]

Criminal records Checks? Be Ready to Defend Disparate Impact

Yesterday’s Advisor discussed criminal records and disparate treatment; today, criminal records and disparate impact, plus an introduction to the all-in-one HR solutions site, HR.BLR.com. Disparate impact occurs when: The employer’s neutral policy or practice has the effect of disproportionately screening out a Title VII-protected group and The employer fails to demonstrate that the policy or […]

Ever Been Arrested or Convicted? … Is It Discriminatory to Ask?

EEOC has released guidance on the use of arrest and conviction records in screening job candidates. Many employers do subject job candidates to criminal background checks to combat theft and fraud, and to avoid workplace violence. But the EEOC sees the possibility of discrimination. That’s because arrest and incarceration rates are particularly high for African […]

Rest and Meal Breaks in California: When Must a Rest Break be Provided?

Rest and meal breaks in California aren’t just a nice-to-have, they’re legally mandated, all the way down to how frequently rest breaks must be given over the course of a workday. In a CER webinar titled “Meal & Rest Breaks in California: Long-Awaited Brinker Decision Is Finally Here; What It Means for You,” Marc L. […]

Wendy’s In Hot Water After Turning Away Cook With Disabilities

The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]

EEOC on the Lookout: Ensure Your Attendance Policies Are Legal

By Kelley E. Kaufman, Esq. These days, the Equal Employment Opportunity Commission (EEOC) is on the lookout for both inflexible leave of absence policies and no-fault attendance policies. While few employers welcome news of a targeted enforcement initiative, the best defense is a good offense. According to the EEOC, the Americans With Disabilities Act requires […]

In a Rare ADA Case Involving Bipolar Disorder, Worker Is Awarded $56K

A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA). The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial. […]