How Far Can You Go With Medical Inquiry of a Prospective Employee?

the situation You have found a good candidate for an open position—the only thing between him and the job is a medical screening.  During the screening, you become aware that he had a back injury a few years ago and you are worried he can’t do the job, which is fairly physically demanding.  Can you […]

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Does Harassment Based on Sexual Orientation Count as Sex Discrimination?

the situation One of your supervisors has been making offensive comments to a gay employee about his sexual orientation fairly frequently.   The employee complains to you, but you don’t take it seriously and thus, don’t take any action.  The employee then quits.  Could you face a possible claim under Title VII?

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Can Automated Response to Online Employment Application Show Knowledge of Age?

the situation You have an online application process. When a candidate submits his job application online, he automatically receives an email telling him that his application has been submitted, that you will review his background to determine if his qualifications meet with posting requirements, and that you will contact him if it does. You don’t […]

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Damages for Failure to Hire Even After Felony Drug Arrest?

the situation You decide not to hire a job applicant based upon a determination that he is medically unqualified for the job. He then files a charge with the EEOC, claiming that you have discriminated against him based on his actual and perceived disability. About six months later, the applicant is arrested and charged with […]

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Pregnant Employee? Reassignment of Duties Could Land You in Hot Water

the situation A female employee whose job involves some potentially dangerous activities announces she is pregnant. Thinking you are doing her and her unborn child a favor, you reassign some of her more unsafe duties to other employees. Could you end up facing a discrimination claim?

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EEOC Cracks Down on Pre-Hire Employment Assessments

Earlier this week, the EEOC announced that Target has agreed to pay $2.8 million dollars to resolve a charge of discrimination related to the use of employment assessments that disproportionately screened out applicants for certain positions based on race and sex.   The EEOC took the position that the tests violated Title VII because they were […]

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EEOC Rules– Sexual Orientation Discrimination Equals Sex Discrimination under Title VII

On July 15, 2015, the EEOC clarified that, at least for claims made against the federal government, all complaints of discrimination based on sexual orientation constitute sex discrimination claims under Title VII. Baldwin v. Foxx, Secretary, Dept. of Transportation, EEOC Appeal No. 0120133080. The case involved David Baldwin, an air traffic controller who filed an […]

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Can the EEOC come after your company without at least trying to resolve the matter?

Not without at least complying with its duty to attempt to conciliate the matter. In a unanimous decision issued last week, the Supreme Court held that courts have the authority to review whether the EEOC has fulfilled its obligations under Title VII to attempt conciliation. Mach Mining, LLC v. EEOC, No, 13-1019 (April 29, 2015). […]

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The stats are in—retaliation continues to top the list of charges filed with the EEOC

On February 4, 2015, the EEOC released its data regarding 2014 charges. In fiscal year 2014, 88,778 charges of workplace discrimination were filed with the EEOC. Apparently, the number of charges filed was actually down a little from recent fiscal years, but the EEOC attributes this, at least in part, to the government shutdown during […]

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New Guidance from EEOC on Pregnancy Discrimination

Earlier this week, the EEOC issued a Notice titled Enforcement Guidance: Pregnancy Discrimination and Related Issues. The EEOC provides an overview of statutory protections, discussing the Pregnancy Discrimination Act (“PDA”), the Americans with Disabilities Act (“ADA”), and other requirements affecting pregnant workers, including the Family Medical Leave Act (“FMLA”), Executive Order 13152 Prohibiting Discrimination Based […]

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