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Discrimination Proof and Evidence

Unconscious Bias and Employment Discrimination: Is the Name Bielby Involved?

Written on 22 May, 2006 at 9:42

According to a recent article in BusinessWeek, many large class action employment discrimination cases are relying on the notion of unconscious bias, which has been evoked largely by a sociologist named Bielby. The article states that Bielby has been involved... (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)

How Can This Not Be Actionable Sexual Harassment?

Written on 13 May, 2006 at 21:04

Those unfamiliar with principles of sexual harassment liability may be shocked that the allegations of seemingly outrageous harassment in a recent case didn’t allow the plaintiff to avoid summary judgment and proceed to trial, if not prevail at trial. The... (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)

Wal-Mart Wins — Racially Offensive Comments Insufficient to Make Terminated Employee’s Case

Written on 26 Apr, 2006 at 23:18

Were we just talking about Wal-Mart? This much-criticized company is such a frequent employment case defendant that I could probably teach a course in employment law using only Wal-Mart cases! (Of course, I’m not suggesting that the Giant of Bentonville... (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)

It Just Doesn’t Stop: More Q & A’s on the OFCCP’s Internet Applicant Definition

Written on 11 Apr, 2006 at 10:16

And you thought that perhaps we were done with this OFCCP Internet Job Applicant definition stuff. As my oldest son used to say: “Make It Stop!” I just did a google search using the term “OFCCP Internet Applicant” and over... (Continue reading)

For the More Serious Minded: Free Download of Webinar on OFCCP Internet Applicant!

Written on 7 Apr, 2006 at 11:46

If you would rather look at some really serious material, you can listen to a brand new, just-delivered webinar on the OFCCP’s Internet Applicant definition, courtesy of airsdirectory.com. I must admit that I find it quite amusing that the webinar... (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: Human Resource Management Understanding Human Behavior and the Social Environment Human Resource... (Continue reading)

Court Upholds ADA Verdict Against UPS in Psychiatric Disability Case

Written on 14 Mar, 2006 at 10:41

A few weeks ago, the Eighth Circuit affirmed a jury verdict against UPS on an ADA reasonable accommodation claim by a manager with depression, anxiety, and obsessive-compulsive disorders. This disability discrimination case caught my attention for a number of reasons.... (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)

The Changing Role of Religion in the Workplace: Workplace Religious Freedom Act May Be the Next Civil Rights Law

Written on 28 Feb, 2006 at 11:02

The Workplace Religious Freedom Act may change the way companies must treat religion in the workplace, granting employees many more rights. Read here for some more detail!... (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)

Religious Tolerance: Going A Little Too Far

Written on 13 Feb, 2006 at 10:19

Today I read a religious discrimination story from Suits in the Workplace. The case discussed involved a manager who hired only people with a close religious bond to him, engaged in office prayer, gave business advantages to his coreligionists, sang... (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)

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 Sanctioned for Frivolous Lawsuit

Written on 26 Jan, 2006 at 14:12

In a recent ruling, EEOC was sanctioned $1 million for filing what the judge ruled was a frivolous lawsuit. Some of the details of this case are: Related Reading: Framework for Human Resource Management, A (6th Edition) A Nation of... (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)

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)

High Court to Hear Workplace Retaliation Case

Written on 6 Dec, 2005 at 19:05

The Supreme Court has granted certiorari in a retaliation case involving the Burlington Northern & Santa Fe Railway. As reported by Linda Greenhouse of The New York Times, the case raises the issue of whether transferring a woman working in... (Continue reading)

Did EEOC “Overlawyer” the Dial Corp. Employment Testing Case?

Written on 19 Nov, 2005 at 18:00

We’re always pleased when the popular Overlawyered blog links to us. Frankly, in the past those links have provided our biggest readership bounces. So we were happy that Overlawyered picked up the story of the Dial Corp. case involving gender... (Continue reading)

EEOC’s Final PROPOSED Changes to EEO-1 Report

Written on 17 Nov, 2005 at 9:42

EEOC proposes changes, long over due, in its EEO-1 form.... (Continue reading)