Discrimination Proof and Evidence
Male Sex Stereotyping: Going Where No Man Has Gone Before
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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 [...]
Job Applicant Rejection Letter Dos and Donts — Writing an Appropriate “Dear John” Letter to an Unsuccessful Applicant
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 rejected job applicants — we decided to give the topic another look.
With today’s recession also [...]
Lilly Ledbetter Fair Pay Act Signed by President Obama
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 timely charge of discrimination. The Ledbetter Fair Pay Act directly overrides this much-criticized Supreme [...]
Do’s and Don’ts of Hiring an Independent Contractor
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 ways to increase their independence, decrease their commutes and overall to increase their quality of life. [...]
ADA Amendments — What Difference Will They Make If They Become Law? (Part III)
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 of whether an individual has a disability for ADA purposes.
“Blind Hiring” to Avoid Bias: Wave of the HR Future, or “Blind Alley”?
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 does this say about a company’s ability to develop a merit-based, non-discriminatory hiring model?
Four Supreme Court Employment Decisions in One Day!
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 to consider in ruling on ERISA plan claims denials; California regulation of union-related activities of state-funded employers ispreempted by National Labor Relations Act.
Supreme Court Punts Sprint “Me Too” Evidence Case Back to Lower Court
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 against.
The trial court had excluded such evidence at trial, and Sprint had prevailed. On appeal, two Tenth Circuit judges voted to reverse and order a new trial on the basis that the trial court should have allowed this evidence, but the third judge on the panel wrote a strong dissent supporting its exclusion.
The Supreme Court reversed, sending the case back to the trial court for further explanation of its exclusion of the “me-too” evidence. Its brief and unanimous opinion failed to provide a clear answer. Instead, it provided what may be viewed as a non-answer, indicating that “me-too” evidence may or may not be admissible, depending on many factors.
St. Louis-Based Company Attracts Gen. Y Grads — and Used Car Customers
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.
Proving Discrimination: Back to Basics
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 my second installment online. It is entitled “What Does Climbing the St. Louis Arch have to [...]
Authoritative Summary of Law on Family Responsibilities Discrimination
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 involve a new form of prohibited discrimination in the workplace, but rather a set of scenarios that are increasingly [...]
EEOC Issues Guidance on Family Responsibilities Discrimination
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 science evidence of discrimination against mothers.
I’d thought we’d give the topic a rest for a [...]
Your computer can “testify” against you even when it’s in the landfill
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 as the electronic evidence tsunami sweeps over the legal landscape:
“Spoliation” of evidence and the possibility [...]
Coca-Cola “cat’s paw” subordinate bias case dismissed on settlement week before Sup. Ct. arguments
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 stated in the Supreme Court docket was:
Under what circumstances is an employer liable under
federal anti-discrimination laws based on [...]
Supreme Court to hear Coca-Cola “cat’s paw” case
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 Co. of Los Angeles v. EEOC, and here’s the decision of the 10th Circuit Court of [...]
