Disparate impact issues may be the big “Gotcha”

Everyone knows about discrimination. Everyone in HR can identify cases of disparate treatment. Those are cases where someone is treated differently specifically because of a protected characteristic, such as age, sex, or disability. HR is good at making sure those cases don’t happen, or if they do they are taken care of in short order. …

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Remembering the words “job related” can save time, money and heartache

The history of HR is rife with decisions based on whether a question, or a skill or a test is “job related.” Case after case has shown that having a job requirement that is not actually job related may have an adverse impact on protected classes and thus would not be considered legal. Strength requirements …

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The Age Discrimination in Employment Act (ADEA): Not Your Standard Discrimination Law

Most people know that age is a “protected” category in discrimination law. The ADEA (Age Discrimination in Employment Act) is the law that amended the Title VII of the Civil Rights of 1964 to add age as a protected categroy, but did you know there are several things about that make it different than the …

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Credit Checks: Yes or No?

As reported by the Wall Street Journal and by SHRM the EEOC has been holding hearings whether the use of credit checks on potential employees should be utilized by a company in making a hiring decision. Representatives from SHRM (tesitmony can be found here), the US Chamber of Commerce, the law firm of SeyfarthShaw, LLP, …

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Does Unemployed = Unqualified? Refusing to Hire the Long-Term Unemployed

A trend in hiring seems to be developing. According to Don Chapman, a reporter for the Atlanta-Journal Constitution, an increasing number of companies, looking for both white collar and blue collar workers, are specifying in the “Want Ads” that workers who have been unemployed since 2009 need not apply. In his article “Long-term jobless told …

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