Tag: discrimination

The Facebook Generation: Social Networking and the Hiring Process

Imagine that you’re a hiring representative for your employer (in this case, a Burger King restaurant), and you’ve just discovered how to use MySpace. You decide to check the profiles of the employees who work the midnight shift. While perusing one employee’s profile, you notice a link to a video. As you click on it, […]

A New Twist on Discrimination in Hiring

Here’s the scenario: As the human resources director for your company, you’re asked to sit in on the selection process for your company’s next CEO. After an intense screening process, you have three candidates to be the next leader of your company — a white male in his early 70s, a male in his 40s […]

How Can Employers Avoid Legal Issues When Firing Employees?

by Gary Jiles Q: Everywhere you turn right now, you hear bad news about the economy. As a small-business owner, I’m afraid I’ll have to resort to letting go of several hourly employees. Like other employers, I’ve dealt with Equal Employment Opportunity Commission (EEOC) charges from employees, and I have many employees who belong to […]

Sixth Circuit Affirms Decision to Lay Off Predominantly Female Departments

As more and more companies struggle in this tough economy, many are forced to implement reductions in force (RIFs) and layoffs. Often, RIF decisions lead to litigation if not properly planned. In a recent case, the Sixth U.S. Circuit Court of Appeals held that an employer didn’t discriminate against employees based on gender even though […]

U.S. Supreme Court Issues Major Decision in Title VII Retaliation Case

The U.S. Supreme Court unanimously ruled today (Jan. 26, 2009) that the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 apply to employees who voluntarily cooperate with an employer’s internal investigations, even if the employee didn’t initiate the investigation and has filed no formal charge. In the case, Vicky Crawford was […]

Trickle-Down Diversity Isn’t Enough

Talk about juxapostions: The birthday of Dr. Martin Luther King Jr. with the inauguration of Barack Obama. From being hosed in Selma, Alabama, to taking the oath of the Presidency. We all applaud this progess. From a macro view, it gladens my heart. But I am an employment lawyer, and the micro view saddens me. […]

Changes in Employment Law and the Workplace Under Obama and New Congress

by Al Vreeland As with old girlfriends, we don’t always appreciate what we have in life until we don’t have it anymore. Employers have enjoyed pretty smooth sailing for almost a decade now. The feds have imposed relatively few new regulations, the courts have looked at most employment lawsuits with a skeptical eye, and unions […]

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]

Make Sure Your Payroll Practices Are Compliant

The U.S. Department of Labor (DOL) estimates that almost 70 percent of employers aren’t in compliance with the Fair Labor Standards Act (FLSA). Lawyers who represent employees are well aware that most employers aren’t compliant, as evidenced by a significant increase in FLSA claims. In fact, wage and hour claims, including collective actions, have increased […]

Treat Holidays with Care to Avoid Religious Discrimination, Harassment

Happy holidays! But which holidays? Christmas, Hanukkah, Eid ul-Adha, Kwanzaa, the winter solstice? All of the above? None of the above? One of December’s chills, at least for HR professionals, can be a little shiver of trepidation over handling employees’ varying religious needs with sufficient sensitivity. Do you put up a tree? What kind of […]