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Employer Resource Institute
Home | Protected Groups
 

Protected Groups (Discrmination)

Subtopics:

Age Discrimination
AIDS/Disease
Civil Rights
Disabilities (ADA)
National Origin Discrimination
Racial Discrimination
Religious Discrimination
Sexual Orientation Discrimination
Vietnam Vets/Veterans

Back to Discrimination
Complete Topic List


Bulletin: Discrimination claims approach record high in 2009
March 2010
The U.S. Equal Employment Opportunity Commission announced recently that 93,277 workplace discrimination charges were filed with . . . more
News Note: TV Writers Settle with Networks, Studios, and Talent Agencies for $70 Million
March 2010
After nearly 10 years of litigation, 157 writers have reached a preliminary $70 million settlement (subject to court approval) with 17 networks, production studios, and talent agencies. The plaintiffs in the class action lawsuit claimed . . . more
Online Exclusive: Sample California Interactive Process Questionnaire
February 2010
Both state and federal laws require employers to engage in an interactive process with disabled employees who require workplace accommodations to determine the available and most appropriate accommodations. A sample questionnaire--that complies with both California law and the recent amendments to the Americans with Disabilities Act--follows. It should be completed by the employee's treating physician or other healthcare professional to assist both the employer and the employee in the interactive process. . . . more
Discrimination: Understanding the New Genetic Information Nondiscrimination Act (GINA)
February 2010
Advances in genetics have opened new pathways in medicine, allowing for earlier detection of illnesses like breast cancer, Alzheimer's disease, and colon cancer, and providing individuals the opportunity to take steps to reduce the likelihood of ever contracting certain disorders. Genetic knowledge also makes it possible to develop treatments that are more effective against certain diseases or have fewer side effects than current therapies. . . . more
Disability: Employee's Reasonable Accommodation Claim Fails; When You Do—and Don't—Need to Engage in the 'Interactive Process'
February 2010
Under the federal Americans with Disabilities Act (ADA) and California law, employers are required to engage in an "interactive process" with disabled employees who need accommodation to determine which accommodations are both feasible for the employer and helpful to the employee. The Ninth Circuit Court of Appeals, which covers California, recently found that employers must engage in the interactive process only with employees who are legally disabled. To avoid potential liability, though, employers should continue to take this important obligation seriously. . . . more
News Note: Independent Contractors of Federal Employers Covered by Disability Bias Law
February 2010
In general, state and federal bias laws apply only to "employees." But the Ninth Circuit Court of Appeals, which covers California, recently ruled that, under the federal Rehabilitation Act, both employees and independent contractors . . . more
Disability: Employers Must Ensure Accommodations Are Provided Consistently; One Employer's Costly Mistake
January 2010
Both California and federal law require employers to accommodate disabled employees, unless doing so would be an unreasonable burden on the employer's business. Reasonable accommodations include modifications to employee duties and work spaces, modified . . . more
News Note: Lawry's Restaurant Chain to Pay $1 Million in Male Sex Bias Suit
January 2010
Pasadena-based Lawry's Restaurants, which operates a nationwide chain of steak houses, will pay more than . . . more
Bulletin: EEOC releases new version of poster
December 2009
The federal Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster, which employers are required to post . . . more
Disability: Employers Cannot Require Medical Exams for Employees Returning from Disability Leave; What You Can Do
December 2009
Under both the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), employers cannot require employees returning from disability leave to submit to a medical examination unless such an exam is "job-related and consistent with business necessity."Although you can test employees to ensure that they are capable of performing their essential job functions, it's easy to blur the line between a job functions test and a medical examÑas one unlucky employer recently learned the hard way. . . . more
News Note: Bill Introduced to Overturn Supreme Court Age Bias Decision
December 2009
Earlier this year, in Gross v. FBL Financial Services, Inc., the U.S. Supreme Court held that the federal Age Discrimination in Employment Act does not permit older employees to . . . more
News Note: Sears Roebuck Settles Disability Bias Case for Record-Setting $6.2 Million
December 2009
The U.S. Equal Employment Opportunity Commission (EEOC) has settled a nationwide class action lawsuit with retailer Sears Roebuck & Co. for the record-setting sum of $6.2 million. This is the largest recovery . . . more
Pregnancy: Employer Paid Big Price for Acting on Outdated Stereotypes; Special Cautions for Traditionally 'Male' Occupations
November 2009
Even in today's modern times, it's not uncommon for employers—especially those in traditionally male-dominated industries—to have concerns about the safety of pregnant employees. Although this may be understandable, it's important to check preconceptions about the physical capabilities of pregnant women at the company door—or, as in one employer's case, at the dock. . . . more
Terminations: One Company's Costly Ball Drop; How to Keep Your RIF Decisions from Appearing Biased
November 2009
No employer enjoys having to decide which employees to lay off when a reduction in force (RIF) becomes necessary, especially because employers must be careful to make sure that RIF decisions are unbiased. Although pre-layoff performance evaluation programs can help with the process, these can create the appearance of bias if they're not carefully administered and monitored--as one employer recently learned the hard way. . . . more
News Note: Public Comment Period on EEOC Proposed ADAAA Changes Ends November 21
November 2009
Sweeping changes to the federal Americans with Disabilities Act took effect on Jan. 1, 2009. The changes are written in the ADA Amendments Act (ADAAA). Since then, the federal Equal Employment Opportu . . . more
Discrimination: Religion Bias Claims on the Rise; How to Stay Out of Trouble
October 2009
Employment discrimination claims based on religion have been steadily increasing in recent years, according to annual statistics collected by the federal Equal Employment Opportunity Commission (EEOC). In 2008, religion bias claims handled by the EEOC rose 20 percent . . . more
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