Tag: qualifications

equal pay

Employers Face Heavy Burden When Defending EPA Claims

Not only must you be vigilant in preventing workplace sexual harassment in the age of #MeToo, but you also may face an uphill battle in defending against gender-based pay discrimination claims under the Equal Pay Act (EPA), according to a new decision from the U.S. 4th Circuit Court of Appeals—which covers Maryland, North Carolina, South […]

discrimination

Pretextual Failure to Promote Produce Worker Is a Recipe for Disaster

HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. Under the standard, an employee presents a prima facie (minimally sufficient) case that he belongs to a protected class and suffered an adverse action. The employer then presents a legitimate nondiscriminatory reason for its action, and he in […]

Wyoming

Disabilities: Employers Must Listen Carefully to Requests for Accommodations

By Teresa Shulda, JD Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren’t so obvious. That means the interactive dialogue between employers and employees […]

Can Employers Use Lie Detectors?

No one wants to be lied to. Employers are acutely sensitive to this. If an applicant lies about qualifications, it can mean a lot of wasted time, money, and energy when it is eventually discovered that the individual is not competent for the role. It could even mean embarrassment for the organization if the individual […]

The Risks of Losing an Exemption

The Fair Labor Standards Act (FLSA) dictates minimum wage and overtime requirements, but it also allows for exemptions when specific requirements are met. Employers utilize these exemptions for qualified positions by classifying the employee as exempt—which means that individual will no longer be subject to overtime pay requirements. As long as all the qualifications within […]