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A number of cases in recent years have raised the thorny issue of whether the Americans With Disabilities Act protects workers whose disabilities don’t necessarily affect them at work because they take medication or use corrective devices. Now, in a trio of important new decisions, the U.S. Supreme Court has overturned the Equal Employment Opportunity […]
You’ve probably put a lot of effort into implementing a well-defined and nondiscriminatory application process for hiring new employees. But many employers don’t always apply the same careful planning when it comes to promotion decisions-an oversight that can be costly. In one recent case, an African-American employee successfully sued her employer for damages after being […]
Late last year, the California Supreme Court ruled that only employers-not individual managers and supervisors-can be forced to pay damages for workplace discrimination claims arising out of routine employment decisions. But the ruling left the door open for lawsuits against individual managers for harassment or retaliation. Now, a new decision illustrates just how easily a […]
Undercover testers-individuals who apply for jobs solely to scope out hiring bias-continue to cause trouble for some employers. The owner of five San Francisco McDonald’s franchises is the latest lawsuit target. Several African-American job seekers were allegedly told that no positions were available or were told to apply in a “ghetto” neighborhood. Others were flatly […]
Republicans in Congress have said they will support a budget increase for the federal Equal Employment Opportunity Commission—but there’s a catch. They’re demanding that the agency promise to stop using undercover “testers” who pose as job applicants for the sole purpose of scoping out whether your hiring practices are legal. The lawmakers also want to […]
You think you’ve done everything by the book. Someone complains that she has been sexually harassed, you immediately conduct aprompt and thorough investigation, and you decide to terminate the accused harasser, a low-level supervisor. But you’re sued for sexual harassment nevertheless, and the court rules against you. Why? Because you can be liable for harassment […]
In a controversial decision last year, a California Court of Appealruled that you can discharge high-earning employees over age 40and replace them with lower-paid workers, provided your motivationis to save money and not discriminate against older employees. The California Supreme Court recentlyrefused to review the ruling. But now, two important proposalsare pending in Sacramento that would, […]
The U.S. Supreme Court has agreed to resolve conflicting lower court decisions about whether people who are HIV-positive, but don’t have any AIDS symptoms, automatically qualify as disabled under the Americans with Disabilities Act. The case, which involved the part of the law dealing with discrimination in public accommodations, arose when a dentist refused to […]
Federal agencies responsible for enforcing anti-discrimination laws are stepping up their use of ‘testers’-individuals who act as job applicants for the sole purpose of scoping out whether your hiring practices are legal. The Equal Employment Opportunity Commission is now utilizing outside vendors to conduct the testing. And the Office of Federal Contract Compliance Programs, the […]
Whenever someone with a disability applies for a job, you must consider whether a reasonable accommodation would permit the person to do the work. Unfortunately, it’s not always easy to know when you’ve done enough and when you should do more. And while going the extra mile to accommodate a disabled applicant can benefit everyone, […]