Archive for the 'Title VII' Category

Being Replaced by Computer Program Isn’t Age Discrimination

October 6, 2011 at 9:00 pm by: Alabama Employment Law Letter

Who knows? In 20 years, there might be a robot writing these articles; we’ve faced that reality. Eventually, we may all be phased out by machines, programs, and metallic entities, the likes of which we’ve yet to even imagine.
As the world has become more automated and efficient, we have all witnessed downsizing and have subconsciously [...]

Employer That Retaliates Digs Its Own Grave

September 1, 2011 at 9:00 pm by: Kansas Employment Law Letter

by Boyd A. Byers
The thirst for revenge is among the strongest of human emotions. In fact, the innate desire to “get even” has driven much of history. But acting on vindictive feelings can have dire consequences — particularly in the world of employment law.

Court Upholds $923,656 Back-Pay Award

July 28, 2011 at 9:00 pm by: Florida Employment Law Letter

On May 31, the Eleventh U.S. Circuit Court of Appeals upheld a lower court’s decision awarding $923,656 in back pay to a terminated employee of the Federal Railroad Administration (FRA), an agency of the U.S. government. The decision shows the damages available to employees that prove retaliation based on the filing of an Equal Employment [...]

Former Employee Keeps Reapplying Despite Rejection Letters

July 14, 2011 at 9:00 pm by: South Carolina Employment Law Letter

by Reggie Gay
Q: We have a job applicant who worked for us approximately six years ago. There’s nothing negative in her file, but there were some issues with her job performance. Neither of her former supervisors wants to hire her back. She has applied several times and has received rejection letters, but she keeps reapplying. [...]

Unemployed Job Applicants Pose Practical and Legal Dilemmas for HR

March 3, 2011 at 9:00 pm by: Wendi Watts

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), [...]

EEOC Claims Reach Record Level, What Employers Can Do

January 13, 2011 at 12:08 pm by: Wendi Watts

When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of [...]

How to Screen Job Applicants and Avoid Liability

January 6, 2011 at 9:00 pm by: Arkansas Employment Law Letter

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 [...]

Individual Liability for Wage and Hour Claims

September 30, 2010 at 9:00 pm by: Tennessee Employment Law Letter

by Kara E. Shea
I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability under [...]

Employers Facing Increased Scrutiny over Worker Classification

July 15, 2010 at 9:00 pm by: Pennsylvania Employment Law Letter

by Robert C. Nagle
Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.”

‘Voluntary’ Resignation Supports Discrimination, Retaliation Claims

April 29, 2010 at 9:00 pm by: New Mexico Employment Law Letter

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 [...]