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A publication of Employer Resource Institute
Home | Discrimination (General)
 

Discrimination Overview

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Government Contractors
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Complete Topic List


Workplace Bias: U.S. Supreme Court Rules on Admissibility of 'Me,Too' Evidence; Employers May Not Be Off the Hook
May 2008
An employee sues your organization, claiming you laid her off because of her age. To help prove her case at trial, the employee is planning to have a few former co-workers testify that they, too, were subjected to age bias. As it turns out, however, the managers involved in the co-workers' allegations played . . . more
U.S. Supreme Court Update: New Rulings on Arbitration Agreements and Discrimination Charges Are Good and Bad News for Employers; What You Should Know
May 2008
A new U.S. Supreme Court decision addresses arbitration agreements, concluding that federal policy favoring arbitration trumps state law. In another important ruling, the Court focused on age discrimination charges, endorsing a relaxed standard that makes it easier for employees to bring age discrimination . . . more
News Note: Workplace Bullying May Hurt Employees More Than Harassment
May 2008
Workplace bullying can have more severe consequences than sexual harassment, according to a new Canadian study by researchers at the University of Manitoba and Queens University, "Outcomes of Aggression and . . . more
Bulletin: U.S. Supreme Court issues several employment-related decisions
April 2008
The nation's high court has recently handed down several rulings that affect employers. Here's a summary of these decisions. . . . more
Bulletin: Government raises employer fines for immigration violations
April 2008
As of March 27, 2008, employers that violate federal immigration laws must pay heftier penalties. Employers face fines for knowingly employing unauthorized aliens . . . more
Medical Marijuana: No Employment Protections for Applicants Who Test Positive for Medical Marijuana, California Supreme Court Rules; The Bottom Line for Employers
March 2008
California voters enacted the Compassionate Use Act in 1996, legalizing medical marijuana use with a doctor's recommendation. But the law, in tandem with the California Fair Employment and Housing Act's (FEHA) disability bias prohibition, posed a perplexing workplace question: Must employers hire or retain applicants who fail workplace drug tests because they use medical marijuana? . . . more
Union Organizing: NLRB Says You Can Restrict Union Use of Your Email; Practical Impact for Employers
March 2008
In an important new case, the National Labor Relations Board (NLRB) has narrowly ruled in a 3-2 decision that an employer didn't violate federal labor relations law by barring employees from using the employer's email system for union activities and other non-job-related solicitations. The board also relaxed its standard for determining whether an employer's discriminatory enforcement of its policies violates the law. . . . more
Employment Tests: New EEOC Fact Sheet Highlights Avoiding Bias When Screening Job Candidates and Employees; Five Best Practices
February 2008
Selecting the best person for the job is crucial to any organization's success. But if you're using tests and other selection procedures to help you make sound employment decisions, it's important to be aware of how federal antibias laws limit the use of screening tools. . . . more
Hiring: Should You Accept Video Resumes? Three Practical Tips
February 2008
As jobseekers search for ever more creative ways to get noticed by prospective employers, some are submitting video resumes to supplement written resumes. Typically, these are short videos that highlight a job candidate's skills or qualifications, and they usually show images of the person. A survey by career publisher Vault, Inc., reveals that 89 percent of employers would be willing to accept video resumes. . . . more
Discrimination: Why Bank 'Officer' Wasn't Precluded from Suing for Bias and Retaliation
February 2008
The National Bank Act (NBA) grants banks the power to dismiss their officers "at pleasure." Courts have interpreted this to mean that the NBA protects banks from wrongful termination claims by officers, including employment discrimination suits. . . . more
News Notes: Background Check Waiver Bars ADA Hiring Suit
December 2007
As part of her application for a police officer position with the city of Mesa, Ariz., Christine Nilsson signed a waiver of all legal rights and claims in connection with the city's investigation into her background and employment history. Nevertheless . . . more
Background Checks: Do You Know the Legal Exposure of Using Social Networking Sites for Checking on Job Candidates?
November 2007
Social networking websites—Facebook, Friendster, and MySpace, to name just a few—allow users to post information about themselves, to stay in touch with friends and meet new ones. A typical member profile might include . . . more
News Notes: Casino to Pay Big in Harassment Suit
November 2007
Las Vegas resort and casino Caesars Palace has agreed to pay $850,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of a group of Latina kitchen workers. The suit charged that . . . more
Family and Medical Leave: Ruling Zeroes In on Employers' Notice Obligations Under the California Family Rights Act; What You Must Do
July 2007
California Portland Cement Company, which has a quarry in Mojave, was slapped with a California Family Rights Act (CFRA) lawsuit after firing employee Michael Faust when he took a medical leave . . . more
Workplace Bias: EEOC Shines Spotlight on 'Family Responsibility Discrimination'; Four Prevention Tips
July 2007
Lawsuits alleging discrimination based on an employee's parental or caregiver status—what has become known as "family responsibility discrimination"—have skyrocketed by 400 percent over the past decade, according to a report by the Center for Worklife Law . . . more
EEO Reporting: The New EEO-1 Report; Frequently Asked Questions
April 2007
For the first time in four decades, the information report on ethnicity, race, and gender that many private employers and federal contractors must submit annually has been overhauled, with changes in the race and ethnic categories and job categories. The U.S. Equal Employment Opportunity Commission (EEOC) requires . . . more
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