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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 […]
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 […]
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 […]
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 […]
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. […]
The California Employment Law Letter (CELL). is written by Mark I. Schickman, and Cathleen S. Yonahara, both attorneys at the law firm of Freeland Cooper & Foreman LLP in San Francisco. Defining Essential Job Functions Most employers use some form of job description, but many are cumbersome documents that have little practical value because they’re […]
The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]
A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]
OFCCP remains focused on contractor compliance with affirmative action regulations for vets and employees with disabilities, says attorney Susan Fahey Desmond.. And programmatic outreach is not enough any more; OFCCP wants to see personal relationships with outreach resources and a system for monitoring effectiveness. Desmond, who is a partner in the New Orleans office of […]
As large numbers of veterans return from Iraq and Afghanistan, employers must remember that their disability accommodation responsibilities have increased in recent months, the Equal Employment Opportunity Commission said in releasing new guidance Tuesday. The commission updated its Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers which explains how protections for […]