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Discrimination Proof and Evidence

Non-Decision-Maker Bias & Discrimination Liability Under Cat’s Paw Theory in Supreme Court’s Staub v. Proctor Hospital Decision. Part II — Commentary

Written on 22 Mar, 2011 at 14:52

We summarize commentary on Supreme Court's Staub case allowing discrimination liability based on non-decision-making supervisor bias ("Cat's Paw" theory) and offer some advice of our own. ... (Continue reading)

Non-Decision-Maker Bias & Discrimination Liability Under “Cat’s Paw” Theory in Supreme Court’s Staub v. Proctor Hospital Decision. Part I — The Decision.

Written on 1 Mar, 2011 at 21:05

By Beth Hanson, with George Lenard In Staub v. Proctor Hospital, a long awaited decision on the so-called “ cat’s paw ” theory of discrimination, the Supreme Court ruled in favor of a fired employee, deciding when “an employer may... (Continue reading)

EEOC Getting Tough On Employer Use of Credit Reports

Written on 21 Dec, 2010 at 16:02

EEOC Files Disparate Impact Lawsuit Based on Use of Credit Records in Hiring In a press release today, the EEOC (Equal Employment Opportunity Commission) announced the filing of a nationwide hiring discrimination lawsuit against Kaplan Higher Education Corp. The EEOC... (Continue reading)

What Does Climbing the St. Louis Arch Have To Do With Proving Discrimination?

Written on 29 Oct, 2010 at 15:34

Learning Employment Discrimination Law Basics From a Classic Civil Rights Story Introduction This article explains the most common way employment discrimination is proven, disparate treatment, by stepping back to an earlier era and a much different America — one in... (Continue reading)

Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case, Part I:
The Basics: the Facts and Holding of the Ricci case

Written on 6 Jul, 2009 at 15:41

There’s no way I can get the “scoop” on what has been perhaps the most eagerly awaited Supreme Court decision of the term: Ricci v. DeStefano, No. 07-1428 (June 29, 2009). Since the Court’s 5-4 decision was announced last week,... (Continue reading)

Male Sex Stereotyping: Going Where No Man Has Gone Before

Written on 8 Jun, 2009 at 5:30

The following guest post is by attorney Ellen Simon, who has been listed as one of The Best Lawyers in America for her landmark work representing individuals in precedent-setting cases. Ellen blogs at the Employee Rights Post. Stereotyped Statements As... (Continue reading)

Job Applicant Rejection Letter Dos and Donts — Writing an Appropriate “Dear John” Letter to an Unsuccessful Applicant

Written on 31 May, 2009 at 12:53

Back in 2006, we covered the topic of applicant rejection letters in a post linking to an article in Assessment Council News (“Considerations in Rejecting Applicants,” on p.4). Since today’s economy is resulting in more applications — and thus more... (Continue reading)

Lilly Ledbetter Fair Pay Act Signed by President Obama

Written on 30 Jan, 2009 at 6:00

Today (January 29, 2009) President Obama signed into law the Lilly Ledbetter Fair Pay Act, a law named for an Alabama woman who lost her pay-discrimination case at the Supreme Court on the basis that she had not filed a... (Continue reading)

Do’s and Don’ts of Hiring an Independent Contractor

Written on 3 Oct, 2008 at 0:12

Independent Contractor Agreements – A Match Made in Heaven? Today’s employers are watching their bottom line more closely than ever before, including examining the costs associated with maintaining a full time workforce. At the same time, workers are looking for... (Continue reading)

ADA Amendments — What Difference Will They Make If They Become Law? (Part III)

Written on 17 Sep, 2008 at 9:51

We continue our series on legislation to amend the Americans with Disabilities Act (ADA) by examining how the the ADA Amendments Act of 2008 (“ADAAA”), would change the impact of mitigating measures such as prostheses and medication on the determination... (Continue reading)

“Blind Hiring” to Avoid Bias: Wave of the HR Future, or “Blind Alley”?

Written on 4 Aug, 2008 at 17:21

Is a hiring manager named "David" more likely to give an edge to a job candidate also named "David"? Recent academic research suggests that the answer is “yes,” even for other names with similar sounds, like "Dan" or "Dustin." What... (Continue reading)

Four Supreme Court Employment Decisions in One Day!

Written on 19 Jun, 2008 at 22:58

Score that employees 2, employers 2. High Court rules: disability retirement program did not discriminate on age; employer has burden of proving reasonable factor other than age in age discrimination disparate impact cases; insurer conflict of interest is factor... (Continue reading)

Supreme Court Punts Sprint “Me Too” Evidence Case Back to Lower Court

Written on 16 Mar, 2008 at 21:29

In its recent unanimous decision in Sprint v. Mendelsohn, the Supreme Court largely dodged the tough issue before it: admissibility of "me-too" evidence in discrimination cases -- testimony of other employees who believed they too had been discriminated... (Continue reading)

St. Louis-Based Company Attracts Gen. Y Grads — and Used Car Customers

Written on 15 Dec, 2007 at 0:05

Shopping for a used car, I came across a company that seems to be doing the right things to attract the new generation of employees -- “Gen Y” -- including creating an appealing, interactive, and information-packed career website.... (Continue reading)

Proving Discrimination: Back to Basics

Written on 24 Sep, 2007 at 20:27

I’m writing a series of monthly columns for Kennedy Information’s newish online publication, Recruiting Trends. The first installment, logically enough, was “Can Recruiters Be Liable for Employment Discrimination?” (if you don’t know the answer, read it!) Today Recruiting Trends published... (Continue reading)

Authoritative Summary of Law on Family Responsibilities Discrimination

Written on 9 Jul, 2007 at 17:08

We’ve written before about the increased interest in what is being called “Family Responsibilities Discrimination”: Family Responsibilities Discrimination? EEOC Issues Guidance on Family Responsibilities Discrimination Mommified: Social Science Evidence of Discrimination Against Mothers Legally speaking, family responsibility discrimination does not... (Continue reading)

EEOC Issues Guidance on Family Responsibilities Discrimination

Written on 25 May, 2007 at 0:06

Family Responsibilities Discrimination has been in the news a lot lately. I’ve been skeptical of the concept, drawing some interesting comments. Katie Rice touched on a similar topic in her first post as an intern on this Blawg: Mommified: social... (Continue reading)

Your computer can “testify” against you even when it’s in the landfill

Written on 18 Apr, 2007 at 21:27

I’ve written about electronic evidence before, in a post that will be featured in the upcoming 2007 edition of Blawgworld: Electronic Evidence: Who Benefits the Most, Employers or Employees? Now here’s a story that illustrates a major danger being exposed... (Continue reading)

Coca-Cola “cat’s paw” subordinate bias case dismissed on settlement week before Sup. Ct. arguments

Written on 15 Apr, 2007 at 23:07

I’ve written before about the fascinating subordinate bias case that was scheduled for Supreme Court arguments this coming week: Supreme Court to hear Coca-Cola “cat’s paw” case Cat’s paws, rubber stamps, and proof of race discrimination The “Question Presented” as... (Continue reading)

Supreme Court to hear Coca-Cola “cat’s paw” case

Written on 11 Jan, 2007 at 0:45

An AP story on Monday reported that the Supreme Court will hear the Coca-Cola “cat’s paw”case I discussed back in July in a post entitled: “Cat’s Paws, Rubber Stamps, and Proof of Race Discrimination.” The case is BCI Coca-Cola Bottling... (Continue reading)

Electronic Evidence: Who Benefits the Most, Employers or Employees?

Written on 10 Sep, 2006 at 22:46

This question came to me in connection with a matter I’m working on. Of course, I can’t disclose any details about it. But it got me thinking . . . Increasingly, electronic evidence is becoming an important part of employment... (Continue reading)

Cat’s Paws, Rubber Stamps, and Proof of Race Discrimination

Written on 12 Jul, 2006 at 19:18

A June EEOC press release alerted me to a very important decision of the Tenth Circuit Court of Appeals in a race discrimination case involving a Coca-Cola bottling company. The issue is proving discrimination where the evidence shows that a... (Continue reading)

Even More On FedEx’s Use of the BST Testing: Is It Really Valid?

Written on 4 Jul, 2006 at 11:58

Since my posting on the EEOC’s investigation of FedEx’s use of an employment test, I have continued to find some more interesting information on FedEx’s use of an employment test. This time, the information comes from a lawsuit against FedEx,... (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)

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)