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Posts Tagged ‘discrimination’

Employment of Women: Survey of Issues & Initiatives — Equal Pay

Written on 6 Sep, 2011 at 21:29

Equal pay is the top priority of the Women's Bureau. ... (Continue reading)

Discrimination Against Unemployed Applicants? EEOC Hears Experts.

Written on 26 Apr, 2011 at 10:00

Recently the EEOC held a public meeting to look into "the emerging practice of excluding unemployed persons from applicant pools” and whether such a practice is unlawful under federal discrimination laws.... (Continue reading)

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)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part II, Assessing Thompson Decision’s Significance

Written on 11 Feb, 2011 at 11:55

This week, we analyze the Supreme Court's third-party retaliation decision in Thompson and its ramifications. With perspectives from legal professionals, including this Blawg's Owner George Lenard, we assess views of the Supreme Court, third-party retaliation claims, and... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part I, the Decision

Written on 31 Jan, 2011 at 5:00

The Supreme Court held that under some circumstances a friend or relative of an employee who complained of discrimination may pursue a claim that they suffered retaliation because of that complaint -- despite not having been the one who made... (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)

How Employers Can Minimize the Risk of Family Responsibilities Discrimination (FRD): Developing a Prevention Plan

Written on 12 Oct, 2010 at 18:14

Introducing the WorkLife Law Family Responsibilities Discrimination (FRD) Prevention Plan, a/k/a “How to Minimize Risk Before Your Company, in Legal Trouble, Asks You: ‘How Did We Get Here? What Do We Do Now?’” Here is a useful exercise: Imagine that... (Continue reading)

“The Company You Keep”: Association Discrimination under the ADA

Written on 31 Aug, 2010 at 11:22

Avoiding Discrimination against Employees Who Care for Disabled Family Members Most employers and HR managers understand the discrimination laws in terms of protecting people based on “protected characteristics,” such as race, national origin, religion, gender, age, or disability. A protected... (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)

Part II: ADA Amendments — What Difference Will They Make If They Become Law?

Written on 18 Aug, 2008 at 6:00

In a previous post, we began this series with a brief introduction to the ADA Amendments Act of 2008 (“ADAAA”), passed by the House at the end of June. In this post, we continue the series by examining... (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)

Is Ledbetter Fair Pay Act Needed?

Written on 5 May, 2008 at 12:00

Last week, in Part 1 of this series, I discussed the Supreme Court's Ledbetter decision and the criticism of it that led to the introduction of corrective legislation in the form of the Fair Pay Act. Today, in Part 2, I'll... (Continue reading)