Age Discrimination

Evil HR Lady

Our friends over at Overlawyered write about the tale of a 63 year old woman who was terminated and then sued for age discrimination. And the reason it's not boring is the company this woman is suing, for age discrimination is.drum roll please.the AARP. I'm just commenting that either we should be aware because anyone can violate discrimination laws or we should be aware because no matter how much we do, you are always in danger of being sued

Age Discrimination

Evil HR Lady

Our friends over at Overlawyered write about the tale of a 63 year old woman who was terminated and then sued for age discrimination. And the reason it's not boring is the company this woman is suing, for age discrimination is.drum roll please.the AARP. I'm just commenting that either we should be aware because anyone can violate discrimination laws or we should be aware because no matter how much we do, you are always in danger of being sued

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The Pregnancy Discrimination Act: A Critical Step Towards Women’s Equality

Accurate Background

“It is illegal to discriminate on the basis of pregnancy or gender. Intertwined with this law is another closely related initiative enacted by the Equal Employment Opportunity Commission : The Pregnancy Discrimination Act (PDA). Pregnancy Discrimination & Harassment.

Making it Harder to Get Hired

Evil HR Lady

And for the record, it's not illegal to discriminate in hiring; it's only illegal to discriminate based on certain protected classes. Certainly you can discriminate against idiots, if you would like. You can also discriminate against smart people, which I have known some bosses to do on the misguided theory that they'll look smarter if all their underlings are dumb. Is it fair to discriminate against smokers?

EEOC vs. CSX Transportation: Claims of Company-Wide Discrimination

Berkshire Associates

Since 2008, CSX Transportation has used an isokinetic strength test known as the IPCS Biodex as a requirement for workers to be selected for various positions. Sex Discrimination Gender Discrimination EEOC NewsThe Equal Employment Opportunity Commission (EEOC) has filed a suit against CSX Transportation stating the company has created discriminatory barriers for women seeking jobs with the company.

Making it Harder to Get Hired

Evil HR Lady

And for the record, it's not illegal to discriminate in hiring; it's only illegal to discriminate based on certain protected classes. Certainly you can discriminate against idiots, if you would like. You can also discriminate against smart people, which I have known some bosses to do on the misguided theory that they'll look smarter if all their underlings are dumb. Is it fair to discriminate against smokers?

The EEOC has a new 114-page religious discrimination playbook. But, 2 of those pages got me like ??????

The Employer Handbook

Equal Employment Opportunity Commission announced here that it had released for public comment this new draft guidance on religious discrimination in the workplace. As the EEOC notes in the press release, it hasn’t updated the current version since 2008.

Family Owned Business

Evil HR Lady

This, in my way of thinking, means that you don't have any claim of discrimination if the boss pays his BFF more than he is paying you, or rather the other entry level workers. My company is a family owned manufacturing business. The owner's son manages the place while the owner has moved to another state. The son hires a friend of his and promises to pay him more than the set amount that entry level employees make.

Family Owned Business

Evil HR Lady

This, in my way of thinking, means that you don't have any claim of discrimination if the boss pays his BFF more than he is paying you, or rather the other entry level workers. My company is a family owned manufacturing business. The owner's son manages the place while the owner has moved to another state. The son hires a friend of his and promises to pay him more than the set amount that entry level employees make.

No Legal Advice Here

Evil HR Lady

My house-mate is now intent on filing a law-suit against the company on charges of discrimination, stating that the company discriminated by firing this person because they were too emotional for the job. Discrimination is such a threatening word. It sounds like you have a real grievance when you say, "but they discriminated against me!" Well, discrimination isn't illegal. We all discriminate all the time.

No Legal Advice Here

Evil HR Lady

My house-mate is now intent on filing a law-suit against the company on charges of discrimination, stating that the company discriminated by firing this person because they were too emotional for the job. Discrimination is such a threatening word. It sounds like you have a real grievance when you say, "but they discriminated against me!" Well, discrimination isn't illegal. We all discriminate all the time.

Who Will Companies Hire?

Evil HR Lady

I seem to recall a court case where a cleaning company got sued for discrimination because almost all the employees were Korean. The case hinged on whether they were legally hiring people they knew or illegally discriminating against people who weren't Korean. I have often been told that employers hire people they know to fill positions before they pick someone qualified for the position. Is this true?

Who Will Companies Hire?

Evil HR Lady

I seem to recall a court case where a cleaning company got sued for discrimination because almost all the employees were Korean. The case hinged on whether they were legally hiring people they knew or illegally discriminating against people who weren't Korean. I have often been told that employers hire people they know to fill positions before they pick someone qualified for the position. Is this true?

The Strangest Vacation Policy I've Ever Seen

Evil HR Lady

Talk about discriminating against parents of school age children! We are a very small company and, up until now, haven’t had a need for anything more than a vacation policy. Recently, I have been placed in charge of creating a sick leave policy or PTO policy. My research has lead me to wonder about the legality of our vacation policy. Basically we are given a set number of days off for various years of service. Where the issue lies is taking the vacation time.

The Strangest Vacation Policy I've Ever Seen

Evil HR Lady

Talk about discriminating against parents of school age children! We are a very small company and, up until now, haven’t had a need for anything more than a vacation policy. Recently, I have been placed in charge of creating a sick leave policy or PTO policy. My research has lead me to wonder about the legality of our vacation policy. Basically we are given a set number of days off for various years of service. Where the issue lies is taking the vacation time.

Drug Screening

Evil HR Lady

The biggest problem in granting an exception is the appearance of favoritism, or discrimination. We pre-employment drug screen all applicants. Manager started someone, against my better judgment, before we got drug screen results. Of course, came back positive for Marijuana. Manager told applicant to stay home today, but this manager is in love with this applicant and wants to make exception to policy to keep them on board.

Drug Screening

Evil HR Lady

The biggest problem in granting an exception is the appearance of favoritism, or discrimination. We pre-employment drug screen all applicants. Manager started someone, against my better judgment, before we got drug screen results. Of course, came back positive for Marijuana. Manager told applicant to stay home today, but this manager is in love with this applicant and wants to make exception to policy to keep them on board.

Carnival of HR

Evil HR Lady

HR Wench writes about the Americans With Disabilities act and Age Discrimination in answering a question about a school teacher. I know. It's a day late. Unless I get distracted and then it will be two days late.) I should be fired. In fact, this isn't the only reason I should be fired. Let that be our carnival theme: Reasons to fire Evil HR Lady. I'm neither disabled nor over 40, so I'm not a likely candidate for a law suit. Therefore, I'm easy to fire.

Carnival of HR

Evil HR Lady

HR Wench writes about the Americans With Disabilities act and Age Discrimination in answering a question about a school teacher. I know. It's a day late. Unless I get distracted and then it will be two days late.) I should be fired. In fact, this isn't the only reason I should be fired. Let that be our carnival theme: Reasons to fire Evil HR Lady. I'm neither disabled nor over 40, so I'm not a likely candidate for a law suit. Therefore, I'm easy to fire.

Why Didn't You Hire Me?

Evil HR Lady

Oh, but your friend would never sue for discrimination of any kind. A friend of mine asked me this and since I am not in HR, I wanted to get a professional opinion. She had an interview a few months ago, and a couple of weeks later found out she didn't get the job. Last week she saw that the company is advertising the position again, so she forwarded her resume to them again and said she was still interested.

English Only

Evil HR Lady

Or is this a surefire discrimination issue if the applicant meets all other job qualifications? Can you require the "ability to speak, read and write in English"? Absolutely you can require this--if the job actually requires you to speak, read and write English. For instance, my job absolutely requires those skills. I have to do a lot of communicating in English, written and spoken. It would also be a bonus if I spoke Spanish, but I don't.

Prying Supervisors

Evil HR Lady

I would hate to use reason for the request as the decision maker (it's too fraught for hurt feelings, and claims of discrimination). Is a supervisor allowed to ask an employee why they need to take the day off? The employees at the child care center that I manage are required to complete a request form when needing to take off part of the day or the whole day, stating when they need off and why.

Prying Supervisors

Evil HR Lady

I would hate to use reason for the request as the decision maker (it's too fraught for hurt feelings, and claims of discrimination). Is a supervisor allowed to ask an employee why they need to take the day off? The employees at the child care center that I manage are required to complete a request form when needing to take off part of the day or the whole day, stating when they need off and why.

The View From the Other Side of the Table

Evil HR Lady

While the EEOC won't come after you for discriminating on the basis of marital status, the state I lived in would. Susan Heathfield , shares a story of a clueless candidate she interviewed. (He He listed his wife as a reference--depending on who did the dishes the previous night, that reference may or may not have been positive.) She asks for additional stories about bad interviews. I think there are equally frightening stories from the worker's side of the table.

About That Training Budget

Evil HR Lady

million, more than any person has received in the settlement of a racial discrimination case filed by the Equal Employment Opportunity Commission, lawyers for the agency said on Wednesday. The next time your management complains that your management training budget is too high, perhaps you can show them this New York Times article : The Lockheed Martin Corporation, the military contractor, has agreed to pay a former employee $2.5

What is it Really Like to Be in HR?

Evil HR Lady

Meet one on one with an employee who has a concern about a discrimination issue. From time to time, I have people ask me what a typical day as an HR professional is like. So, I thought I'd take the time today to answer that question. Arrive at the office. Walk in and find fresh bagels and cream cheese waiting for you and your team. "Oh,"

Fair Leave?

Evil HR Lady

Now, granted, pregnancy has all sorts of protections, but since you both had babies, you can't argue that you were discriminated against because of your pregnancy. I am currently on Short Term Disability for birth of my baby for 6 weeks. I have arranged to take 6 more weeks after that--FMLA. The company and department annual review period and increases fall during the time frame I will be out.

Micro-Managers

Evil HR Lady

Is it age discrimination? Most recently I switched jobs due to an enticing “creative & leadership” role and have been there for 3 months. Upon starting, I was asked to complete a presentation for my manager and “higher-ups”. I did a rough draft, presented it to manager and explained that I was planning to transition this into a more formal document. She told me to leave the document as is. I explained my concerns and she told me to leave it as is. Long story short, it was not fine.

Forced Pagan Ritual Ends in Discrimination Lawsuit for Virginia Employer

HR Daily Advisor

District Court in Norfolk, Virginia, drives this point home—and reminds employers to train managers and supervisors on discrimination and sexual harassment in order to avoid these types of lawsuits in the future. Sally” started working for Ricoh USA—a Pennsylvania-based imaging and electronics company—in June 2008. She graduated with a BA of Science, specializing in Communication, from Eastern Connecticut State University in 2008.

Terminated Problem Employee Points to Discrimination, Retaliation as True Motives

HR Daily Advisor

Alleged Discrimination and Retaliation. as a machinist in August 2008. Ted filed a lawsuit against Trane after the termination of his employment asserting claims of discriminatory discharge based on his disability under the New Jersey Law Against Discrimination (NJLAD), retaliation for making a workers’ compensation claim, and retaliation for requesting medical leave in violation of the Family and Medical Leave Act (FMLA). The U.S.

Enterprise Rent-A-Car Ordered to Pay $6.6M in OFCCP Race Discrimination in Hiring Case

DCI Consulting

in back pay and to extend job offers to 182 class members after being found in violation of Executive Order 11246 for discriminating against African Americans. Enterprise , 2019 ) stemmed from a 2008 Office of Federal Contract Compliance Programs (OFCCP) review of Enterprise’s hiring process for management trainees at its Linthicum, Maryland facility. On July 19, 2019, federal contractor Enterprise Rent-A-Car Company, was ordered by an administrative law judge to remunerate $6.6M

Walmart to Pay $7.5 Million to Settle Same-Sex Benefits Discrimination Suit

HR Daily Advisor

District Court for the District of Massachusetts, retail giant Walmart has agreed to settle a class action lawsuit alleging that it discriminated against gays and lesbians in the administration of its spousal health insurance benefits. In 2008, Nicole left work to become a full-time caretaker for Irene’s mother. In 2015, Irene sued Walmart, alleging that it discriminated against gay and lesbian employees by denying health benefits for their same-sex spouses. by Stefanie M.

Dispute Over Job Requirements Defeats Summary Judgment on Disability Discrimination Claim

HR Daily Advisor

The New Jersey Supreme Court recently permitted a disabled nurse to proceed to trial on her claim that the termination of her employment constituted disability discrimination. In August 2008, Saint Clare’s performed job analyses for its nursing positions. In November 2008, she reinjured her left shoulder while lifting a patient’s legs. Arianna sued Saint Clare’s, alleging disability discrimination under the New Jersey Law Against Discrimination (NJLAD).

Next up on the EEOC’s radar: age discrimination

Ohio Employer's Law

This year, the Age Discrimination in Employment Act turns 50. Which means the law itself has been protected from age discrimination for a decade (rim shot). According to the EEOC, “The meeting will explore the state of age discrimination in America today and the challenges it poses for the future.”. In my message to Congress in January of this very year, I recommended the Age Discrimination in Employment Act of 1967. age discrimination

Rastafarian, Pastafarian: No Matter What You Call It, It Could Be Religious Discrimination

HR Daily Advisor

According to the Sentinel , “As part of the settlement, the contractor also agreed to conduct religious-discrimination training, change policies to protect employees from religious discrimination, and make yearly reports to the EEOC.”. While there are no employment lawsuits surrounding Pastafarian discrimination, Fisher Phillips did report on a lawsuit involving an inmate in the Nebraska State Penitentiary.

Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 1

HR Daily Advisor

8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation. From roughly 2005 to 2008, she often took medical leave for medical appointments. In April 2008, Willow wanted to apply for a promotion to operations lead. By Steve Jones. The U.S.

What is the Worst that Can Happen?

Evil HR Lady

It is illegal to discriminate on the basis of a past conviction unless it relates to the job. Hello Evil HR Lady, I'm hoping you can help me with an uncomfortable situation. I promise this is not a fictional story. It really happened. And I'm hoping you can give me some honest feedback. I'm 43 years old and have been working in medical marketing for the past 7 years or so. For the last two years, my husband was on a short-term government assignment in the D.C area.

9 Epic Laws That Shaped the American Workforce: What every employer needs to know

Accurate Background

The bill was among the first laws in American history aimed at reducing gender discrimination in the workplace, making it illegal to pay different salaries for similar work. The Age Discrimination Act of 1967 – effective June 12, 1968.

All the ??hot?? takes on how Supreme Court Justice Brett Kavanaugh could shape employment law

The Employer Handbook

“In employment discrimination claims, Judge Kavanaugh’s opinions over the years typically favored the employer.” For example, there’s his disdain for the burden-shifting analysis employed in disparate treatment cases: In a 2008 opinion, he noted that “[j]udicial inquiry into the prima facie case is usually misplaced.” Discrimination and Unlawful Harassment Unions (labor relations By U.S.

Are You Asking Illegal Questions During an Interview?

Stratus

Then a lawsuit shows up: candidate A claims you discriminated against her because she indicated she plans to have kids someday (remember asking her about her family?). Facebook learned this the hard way in 2013 when it settled a case with the State of California stemming from employments ads with a stated preference for college grads from the classes of 2007 or 2008 — definitely not something you want to do after your CEO publicly states that “young people are just smarter.”