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Discrimination Proof and Evidence

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

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 — A Lot! I meant for that post to be Part I of a series, and [...]

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

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!

Two Employment Cases Decided by Supreme Court

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 employment discrimination case was an unsurprising result to me, involving a technical issue not likely [...]

Employment Testing: A Diversity of Views

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 thought.
In this posting, I present a roundup of some different reactions to employment testing.
One [...]

Religious Tolerance: Going A Little Too Far

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 religious songs and left religious materials on the plaintiff’s desk. The plaintiff sued for religious [...]

Bloomberg’s Solitaire Termination

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, and posing for pictures, he noticed a $27,000-a-year [...]

Think You Are Unbiased? You May Be Wrong!

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 discrimination laws.
This research shows that most of the bias (70%) is targeted against African-Americans. [...]

EEOC Sanctioned for Frivolous Lawsuit

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:

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

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 organization will be ready or not.
OFCCP has issued a new Q & A on [...]

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

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 mind.

High Court to Hear Workplace Retaliation Case

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 a rail yard maintenance department from her forklift assignment to the less desirable position of [...]

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

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 discrimination in strength testing, linking to our post “Dial To Pay $3M for Strength Test [...]

EEOC’s Final PROPOSED Changes to EEO-1 Report

EEOC proposes changes, long over due, in its EEO-1 form.

HR/Employment Blogosphere Update for October 1-26, 2005

I’ve been so busy switching to the new format and keeping up with the “Our Recent Reading” page that I’ve neglected to do this update for over a month. (New readers: I had been doing it weekly, publishing on Monday, and it was a popular feature of this Blawg.)
So here comes a [...]

Much More on Strength Test with Disparate Impact on Women

When I wrote this post the other day, I thought it sounded familiar.
This morning I discovered that’s because I had written very popular posts about the subject twice before.

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