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Have You Heard of a Returnship?

Employers everywhere are finding that a robust economy and low unemployment means fewer applicants for any given role. It’s often difficult to find a well-qualified employee when a vacancy presents itself. As such, they’re thinking of creative ways to expand the talent pool and find candidates who are a good fit.

Conciliate First, Court Tells EEOC as it Tosses out Lawsuit

The U.S. Equal Employment Opportunity Commission may not sue an employer unless it has engaged in pre-litigation conciliation — even for pattern or practice claims — a federal district court has held. The U.S. District Court for the Northern District of Illinois Oct. 7 dismissed an EEOC suit alleging that CVS Pharmacy’s separation agreement violated […]

National Origin Discrimination and English-Only Rules

By Troy D. Thompson In fiscal year (FY) 2009, the Equal Employment Opportunity Commission (EEOC) received 11,134 charges involving claims of national origin discrimination ― an approximate 57 percent increase since 1999. Although the EEOC has not yet disclosed its statistics for FY 2010, all indications are that these claims continue to rise. Given that […]

Timing of Backaches Justifies Firing, Negates FLMA and ADA Claims

Some people complain about “rheumatism,” backaches and other physical ills when the weather shifts. For a Southwest Airlines employee, his backaches — and resulting requests for Family and Medical Act (FMLA) leave — seemed to follow the same shift as holidays and vacation time. Southwest determined that this was not the whim of nature but […]

"I Wonder When Immigrants Became the Enemy"

Special from Atlanta–SHRM Annual Conference and Exhibition Condoleezza Rice’s thought-provoking comment about the immigration situation in the United States came at SHRM’s Annual Conference and Exposition, held recently in Atlanta Georgia. Three Big Developments HR managers need to be aware of the effect of three incidents that are shaping our world today, Rice says. 9/11. […]

Give Your 2016 “To-Do” List a Good Spring Cleaning

Spring has sprung. The grass is green. The flowers are blooming. The trees are in full blossom. It’s that time of year again. Time for spring cleaning. Out with the old and in with the new. At least that’s my wife’s way of thinking.

Disability Bias: Disability-Based Misconduct Is Part of Disability, Says Court

The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]

Health Care Reform and Employers

New Urgency on Healthcare Reform: More Pointers for Employers

By Jason Lacey Foulston Siefkin LLP The legal underpinnings of the U.S. Supreme Court’s decision on healthcare reform are complex, but the bottom line is very clear for employers: Nothing has changed. The law that went into effect March 23, 2010 (the Affordable Care Act, or ACA), and has been in effect ever since, remains […]