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Discrimination (generally)

Follow-Up to EEOC’s Investigation of FedEx’s Employment Testing

Written on 3 Jul, 2006 at 10:36

Recently, I posted a story about EEOC investigating FedEx’s use of a test for a number of positions throughout the U.S. EEOC has apparently raised concerns that this test battery has a disparate impact on minorities. Since that posting, I... (Continue reading)

OFCCP Publishes Final Standards for Analysis of Systemic Compensation Discrimination

Written on 18 Jun, 2006 at 21:13

It may seem like a long time ago, but we made a posting back in November, 2004, regarding OFCCP’s proposed standards for analysis of Systemic Compensation Discrimination. As of June 16, 2006, OFCCP has posted its final standards for analysis... (Continue reading)

Posh Hotel Settles English-Only Lawsuit

Written on 9 Jun, 2006 at 14:18

In a recent lawsuit, a posh hotel (it doesn’t say which one) has agreed to settle a lawsuit in which 13 Hispanic workers were forced out from their jobs for speaking Spanish while at work. The agreement includes some interesting... (Continue reading)

EEOC Investigates Potential Nationwide Test Discrimination At FedEx

Written on 7 Jun, 2006 at 16:47

In a recent press release, EEOC announced some interesting turns in an investigation of FedEx’s promotion policies. One interesting turn involves the refusal by FedEx to comply with a subpoena to provide files and therefore EEOC has asked the U.S.... (Continue reading)

Disparate TREATMENT vs. Disparate IMPACT

Written on 5 Jun, 2006 at 21:16

Some otherwise very knowledgeable and smart HR folks, and perhaps even lawyers, may have difficulty understanding the difference between disparate treatment and disparate impact. Indeed, in some old Supreme Court cases, the supreme court justices appeared to begin to merge... (Continue reading)

Discrimination Proof 101 — Indirect Evidence Prima Facie Case

Written on 18 May, 2006 at 9:58

Often I read a new decision by a federal court of appeals and the outcome seems to be such an obvious application of well-established principles of employment law that I wonder why the case was even appealed. In significant part,... (Continue reading)

EEOC Starts Focusing On Recruitment and Hiring Discrimination

Written on 16 May, 2006 at 8:59

In our recent posting regarding EEOC’s new compliance manual on race and color discrimination, I didn’t mention that recruitment discrimination seems to get quite a bit of attention. This seems to indicate a renewed emphasis at EEOC. Curious to see... (Continue reading)

More Interesting Articles from The Plaintiff’s Perspective

Written on 10 May, 2006 at 8:25

The website of the Imact Fund, which supports plaintiff lawsuits and anti-discrimination initiatives of various kinds, has a section with interesting papers. While you may not agree with the positions advocated in some of these papers, they certainly provide insights... (Continue reading)

I’m Back from Dallas, TX Conference

Written on 9 May, 2006 at 14:07

I was away from home for a few days, at a conference for Industrial Psychologists, presenting several papers and meeting various friends and colleagues. I also spent some time visiting friends in Dallas. Big homes there! My paper presentations concerned... (Continue reading)

EEOC Releases New Compliance Manual on Race and Color Discrimination

Written on 21 Apr, 2006 at 10:19

Well, I had almost finished the posting … when I managed to somehow erase it all! Anyhow, the EEOC has released a new compliance manual on race and color discrimination. There is a lot of interesting material there and I... (Continue reading)

How Can A Plaintiff Establish Unlawful Retaliation, Yet Win No Damages?

Written on 11 Apr, 2006 at 22:08

A recent case decided by the 8th Circuit U.S. Court of Appeals illustrates what a high stakes gamble an employment case trial is for both sides. A wide range of outcomes are possible. These include a defense verdict that is... (Continue reading)

Michael’s Upcoming Speaking Engagement

Written on 5 Apr, 2006 at 21:50

On April 27, 2006, our own Michael Harris will speak on “Legal Landmines in I/O Psychology” at a luncheon sponsored by Gateway Industrial/Organizational Psychologists More specifically: Related Reading: Understanding Human Behavior and the Social Environment General, Organic, and Biochemistry: An... (Continue reading)

Is Your Company A Target for A Discrimination Class Action Suit? Ten Factors to Consider

Written on 8 Mar, 2006 at 12:58

We have followed a number of large, well-publicized employment discrimination class-action cases, such as Wal-Mart, Best Buy, among others. Most attorneys and HR managers have heard of these kinds of cases, and unless you work in a small company, you... (Continue reading)

Top 6 Things You Should Know About Employment Law

Written on 7 Mar, 2006 at 12:10

Although written with corporate counsel in mind,these 6 important items about employment law seem to be relevant to any HR manager or even line manager, for that matter. In what I think is a nicely written employment law article from... (Continue reading)

Wal-Mart in the News — A Lot! (Part II)

Written on 6 Mar, 2006 at 22:32

Last week, at a St. Louis bloggers’ lunch, Dennis Kennedy and I were joking about all our uncompleted posts, and all my Part I’s that never got Part II’s. Back in November 2005, when I wrote Wal-Mart in the News... (Continue reading)

Two Employment Cases Decided by Supreme Court

Written on 27 Feb, 2006 at 0:10

Last week, the Supreme Court decided two employment discrimination cases. One was a surprise — less as to the result than as to the fact it was decided at all and the procedure by which it was decided. The other... (Continue reading)

Employment Testing: A Diversity of Views

Written on 24 Feb, 2006 at 11:26

I think that in many ways how people feel about employment testing is probably quite similar to how they felt about tests at school. Some people I knew loved taking tests at school; other people were terrified at the mere... (Continue reading)

Bloomberg’s Solitaire Termination

Written on 10 Feb, 2006 at 18:09

solitaire Originally uploaded by BoBBj. The mysteriously anonymous Editor of Blawg Review, a/k/a Ed., just sent me this lovely story. Thanks, Ed. New York Mayor Bloomberg was visiting a city office. While making the rounds with his photographer, greeting workers,... (Continue reading)

This Just In: EEOC Reports Slight Decline In Discrimination Charges for 2005

Written on 10 Feb, 2006 at 9:01

EEOC just reported its FY 2005 employment discrimination statistics. Of great interest was the fact that discrimination charges filed totaled 75,428, a decline of about 5% from the previous year. Otherwise, I don’t think there are any big (or even... (Continue reading)

Think You Are Unbiased? You May Be Wrong!

Written on 9 Feb, 2006 at 9:38

According to some relatively new research, hidden or “implicit” discriminatory bias may be far more common than we thought. Even so, with proper training, people with implicit biases can learn to hold their biases in check and avoid violating employment... (Continue reading)

EEOC Issues Final Revisions and Q & A to EEO-1 Report

Written on 1 Feb, 2006 at 9:28

EEOC issues the final revisions to the EEO-1 reports that many companies must file; included in the changes are racial/ethnic categories and job categories. If your company is either a contractor with the federal government with contracts of $50,000 or... (Continue reading)

Worrying About Complying With New Internet Applicant Guidelines? OFCCP Issues Some Relief!

Written on 25 Jan, 2006 at 10:55

As you may know, the new OFCCP guidelines on Internet applicants are rather complex and there are many factors to consider. Give the looming deadline of February 6, 2006 for compliance with the new guidelines, you may worry whether your... (Continue reading)

Q & As on Internet Applicant Definition Released

Written on 19 Jan, 2006 at 16:18

I’m sure you have been waiting eagerly now for this. This refers to the Q and As on the Internet Applicant definition, which were just recently released by the OFCCP. Some of the Qs addressed in this document include: What... (Continue reading)

Incidence of Employment Discrimination: Is Perception Reality?

Written on 12 Dec, 2005 at 23:43

Washington Post reports: “Fifteen percent of all workers say they have been discriminated against in their workplace during the past year, according to a new Gallup Organization poll.” Washington Post: “The Bias Breakdown” See also: “Workplace bias still prevalent, Gallup... (Continue reading)

Read All About It: New Internet Applicant Definition Causing Corporate Uproar

Written on 7 Dec, 2005 at 14:18

Still hot off the presses, this posting describes some of the commotion created by the new OFCCP definition of internet applicant. We won't really know the full impact for a while, after OFCCP starts reviewing companies with this definition in... (Continue reading)