Tag: hiring

Height And Weight Discrimination: San Francisco Ordinance Takes Effect

The proposed San Francisco ordinance protecting applicants and employees from discrimination based on weight and height, which we recently covered, has been formally approved and is now in effect. The law applies to every employer in the city with six or more workers. It also covers all employers—no matter where they’re located—who have contracts with […]

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Accommodating Applicants: Wal-Mart Revamps Procedures After Hearing-Impaired Applicants Sue; How Far Do You Have To Go?

When Wal-Mart settled a disability discrimination lawsuit brought by two deaf job applicants, it didn’t just pay them lost wages and other damages. The retailer also promised to take specific steps to make it easier for hearing-impaired and other disabled workers to apply for and keep jobs. These measures provide a glimpse of what the […]

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News Notes: Holiday Wage-and-Hour Mistakes Prove Costly For Retailer

If you’re considering hiring minors to help out during the holiday season, be sure to double-check the rules. Toys ‘R’ Us has just agreed to pay $200,000 to settle Labor Department allegations that the toy retailer violated federal rules covering the employment of minors. The government charged that 14- and 15-year-olds were hired to work […]

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Americans With Disabilities Act: Historic Supreme Court Ruling Limits Liability For ‘Correctable’ Disabilities

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 […]

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Bias In Promotions: Are Your Procedures Adequate? A 4-Point Checklist

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 […]

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Personal Liability Of Supervisors: Latest Ruling Increases Your Risk Of Getting Sued

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 […]

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News Notes: Employers Sued By Testers For Hiring Discrimination

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 […]

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News Notes: Republicans Maneuver To Stop Use Of Undercover Employment Testers

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 […]

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Sexual Harassment: Court Broadens Your Responsibility For Supervisor’s Misconduct—Even If You Didn’t

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 […]

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Age Discrimination: Important New Proposals To Beef Up California’s Age Bias Laws

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, […]

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