Practical HR Tips, News & Advice. Updated Daily.
Ignorance regarding recent amendments to the Americans with Disabilities Act is no excuse for noncompliance; employers “should get up to speed” on these changes, the U.S. Equal Employment Opportunity Commission said in announcing a settlement agreement this week. The agency added that the ADA amendments make it clear that employers should not overanalyze whether an […]
When devising a strategy on how to retain employees, one of the first considerations is top talent management. A recent survey by Manpower’s Right Management group found that more than 50 percent of U.S. employers are already having a tough time filling mission critical positions. That’s an increase of 14 percent from 2010. This underscores […]
To bring a discrimination claim, a trainee with a disability needs only show that she was qualified to participate in the job training; she doesn’t need to prove that she was qualified for prospective job, the 6th U.S. Circuit Court of appeals ruled Aug. 8. The case, Rosebrough v. Buckeye Valley High School, involved Tammy […]
With Daniel Cafaro Montana has joined the obesity debate, determining in a recent case that being severely overweight, even with no underlying medical condition, can be a disability protected by state law. In BNSF Railway Co. v. Feit (No. OP 11-0463, 2012 MT 147 (Mont. July 6, 2012)), the state’s supreme court decided that obesity […]
The Americans with Disabilities Act prohibits employers from discriminating against people with disabilities or even asking questions that could influence an employment decision. Employers can avoid legal problems by training managers on what they can and can’t ask during the hiring process. Before making a conditional offer of employment, an employer may not ask any […]
Employers can expect continued uncertainty regarding whether they will need to adjust their plans, documents and policies to accommodate same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 5 refused a petition that the full bench of the court rehear Perry v. Brown, Nos. 10-16696, 11-16577. That lets stand the ruling by a […]
Yesterday’s Advisor showed how to clarify what you are looking for in a candidate; today, how to translate that into candidate terms, plus an introduction to BLR’s handy HR audit guide. Translating into Candidate Terms Now you have to translate your desires into concrete terms that you can use in a posting, an ad, or […]
“I need this job filled, and I want it posted today!” No surprise that managers who are short an employee want a new hire instantly, but that’s a dangerous approach. Slow down, step back, and figure out what you are looking for. In their eagerness to start interviewing, many managers launch their search before they […]
Yesterday’s Advisor discussed criminal records and disparate treatment; today, criminal records and disparate impact, plus an introduction to the all-in-one HR solutions site, HR.BLR.com. Disparate impact occurs when: The employer’s neutral policy or practice has the effect of disproportionately screening out a Title VII-protected group and The employer fails to demonstrate that the policy or […]
EEOC has released guidance on the use of arrest and conviction records in screening job candidates. Many employers do subject job candidates to criminal background checks to combat theft and fraud, and to avoid workplace violence. But the EEOC sees the possibility of discrimination. That’s because arrest and incarceration rates are particularly high for African […]