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By Donna Gallant When the Ninth Circuit Court of Appeals (San Francisco) affirmed an order certifying the largest employment discrimination class action ever in the United States, Wal-Mart was left facing a class of up to 1.5 million members. Employers were left wondering just how big and powerful these opponents might get. On December 6, […]
Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot […]
A federal trial court in Nevada apparently couldn’t believe that a woman’s sexual overtures to a male coworker would ever be unwelcome and rejected the Equal Employment Opportunity Commission’s (EEOC) attempt to file a harassment suit on his behalf. But in a recent decision, the Ninth U.S. Circuit Court of Appeals (which covers Alaska, Arizona, […]
Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]
The Lilly Ledbetter Fair Pay Act of 2009 changed the scope of claims for pay discrimination, stating that each additional paycheck issued under a discriminatory pay decision constitutes a new act of discrimination, which then resets the clock on the limited time during which employees may file suit. In a unanimous decision issued Monday, the […]
by Hillary J. Collyer As a good employer, you certainly have the right to make sure your employees are physically capable of doing their jobs. Thus, you may require an employee to undergo a medical exam when you have legitimate objective concerns about her continued ability to do the job. That’s fine if the exam […]
The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year. And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on […]
Brenna Lewis worked part-time as a front desk clerk for Heartland Inns in Altoona and Ankeny, Iowa. She did a great job — at least according to her direct supervisors. She was well liked by customers and fit in well in the position. Based on those accolades, she was offered and accepted a full-time day […]
by Rita M. McKinney Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know. Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training […]