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Archive for November, 2004

Cleaning out the backlog: a motley hodgepodge of worthy links

Today I am trying to play catch up with several months’ worth of items I intended to blog more fully, but never got around to. Click over and scroll down for the short versions of some of these miscellaneous links, you might find something interesting:
A useful, pithy set of tips on performance evaluations:“The [...]

Case highlights need for care when using email as employee notification tool

I ran across an article based on a recent Massachusetts U.S. District Court decision holding that a mass e-mail to employees was not sufficient to communicate a new dispute resolution policy (DRP) subjecting employment disputes to mandatory arbitration.
The notice requirement is heightened for such an arbitration policy, because it involves waiver of the right to [...]

Addressing the dress code

This morning, as I culled a backlog of old items I had identified for possible posting, I found a July article on corporate dress codes.
Given the continuing high popularity of the October 7 post on tattoos and piercings, I suspect this related topic may be of interest to our readers.
The following [...]

Age Discrimination and Disparate Impact: How Will the Supreme Court Weigh In?

As you probably know, the Supreme Court intends to rule on an age discrimination case, Smith v. City of Jackson, involving disparate impact. This document provides a very brief background to disparate impact and age discrimination. As described in USA Today:
At issue is whether plaintiffs in age discrimination lawsuits must prove that employers intentionally discriminated, [...]

A Peek Behind the Scenes: Expert Witness Work in Employment Discrimination

The October 28, 2004 edition of The Recorder (available by subscription only) attributes the “birth” of the employment discrimination expert witness industry to William Bielby, who testified on behalf of plaintiffs in a case involving Lucky Stores in the early 1990s. As noted in the article, Bielby’s testimony enabled Brad Seligman to win a $1 [...]

What She Said, What He Said: Choose Your Words Very Carefully

This recent court decision contains several lessons, including:
1. Choose your words very, very carefully;
2. Realize that the implications of inaction in dealing with a harassment complaint can easily come back to haunt you; and
3. Continued updated training in harassment is probably necessary in today’s world.
In this race and sex discrimination case (Kelly v. LEX Inc., [...]