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. Well, there was one that had a heated discussion about armpits.) And the reason it's not boring is the company this woman is suing, for age discrimination is.drum roll please.the AARP. Yawn. I know you are thinking that this is about the most boring post ever. It's not.

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. Well, there was one that had a heated discussion about armpits.) And the reason it's not boring is the company this woman is suing, for age discrimination is.drum roll please.the AARP. Yawn. I know you are thinking that this is about the most boring post ever. It's not.

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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?

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?

What is GINA? The federal discrimination law you need to know.

Business Management Daily

GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. GINA bars employers from discriminating against or harassing employees based on their genetic information. It prohibits genetic information employment discrimination. It also outlaws discrimination based on genetic information about the employee’s relatives. Participation in a wellness program may include medical tests that reveal genetics. Genetic discrimination examples.

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.

Why Didn't You Hire Me?

Evil HR Lady

She says she is definitely qualified for the position and she thought the interview went really well. Oh, but your friend would never sue for discrimination of any kind. What if you just don't interview well? Well, I don't want to bring that up. Well, turns out she had run reports on a database that someone else had set up and all she had to do was open the file and click on a button.

The Strangest Vacation Policy I've Ever Seen

Evil HR Lady

I am going to comment that you are nuts if you think the only official policy you need is a vacation one, but I'm now going to leave that alone as well. 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.

The Strangest Vacation Policy I've Ever Seen

Evil HR Lady

I am going to comment that you are nuts if you think the only official policy you need is a vacation one, but I'm now going to leave that alone as well. 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.

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. Well, I want it to be all about me. Well, Ask a Manager positively does not like Employee of the Month Programs. People with smart brains often end up in middle management, which then turns them, well read Wayne Turmel's The Hitch Hiker's Guide to the Cubicle and find out. I know. It's a day late.

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. Well, I want it to be all about me. Well, Ask a Manager positively does not like Employee of the Month Programs. People with smart brains often end up in middle management, which then turns them, well read Wayne Turmel's The Hitch Hiker's Guide to the Cubicle and find out. I know. It's a day late.

Drug Screening

Evil HR Lady

She may well be telling the truth, but how can you really believe that? The biggest problem in granting an exception is the appearance of favoritism, or discrimination. HR had to call the vendor back, who then called the candidate's physician and all was well--except he was unnecessarily embarrassed. 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.

Drug Screening

Evil HR Lady

She may well be telling the truth, but how can you really believe that? The biggest problem in granting an exception is the appearance of favoritism, or discrimination. HR had to call the vendor back, who then called the candidate's physician and all was well--except he was unnecessarily embarrassed. 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.

Prying Supervisors

Evil HR Lady

Well, the grown up thing to do is to say, "Hey, 4 people are asking for this Friday off. 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

Well, the grown up thing to do is to say, "Hey, 4 people are asking for this Friday off. 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. Just as well, it would have been intensely dull and boring and who wants to work for such a person?) 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.

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. Well, not much.

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. Had several formal and informal meetings with the Organizational Development team, as well as line managers to help produce the best structure for the company. 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.

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. The answer may well be, yes, there has been a change in policy. 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.

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. The EEOC has found that women have passed this test at a lower rate than their male counterparts and alleges a discriminatory impact on females that were seeking positions such as Conductors, Material Handlers/Clerks, as well as various other positions. Sex Discrimination Gender Discrimination EEOC News

Did wellness plan violate GINA? Court offers key insight

HR Morning

The way in which wellness programs interact with the ADA has gotten plenty of press in recent months, but a new court ruling reminds employers there are GINA considerations to keep in mind as well. . City of San Antonio Fire Department was an issue over San Antonio’s mandatory wellness program and whether the organization retaliated against an employee because of his failure to comply with it. City of San Antonio Fire Department wellness

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

HR Daily Advisor

The Orlando Sentinel is reporting that the Equal Employment Opportunity Commission (EEOC) has filed a lawsuit on behalf of the applicant and is seeking injunctive relief, as well as back pay, and compensatory and punitive damages in Tennessee federal court. 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.”.

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. Willow got along well with her supervisor, “Kristy,” and consistently received positive performance evaluations. From roughly 2005 to 2008, she often took medical leave for medical appointments. By Steve Jones.

Genetic Testing as Part of Workplace Wellness Programs

HR Daily Advisor

While health and well-being benefits may only represent a small portion of your overall compensation plan, they can drive a disproportionate share of your budget. has two specific laws that provide protection against the unwanted sharing of personal health information and protection against discrimination. In 2008, the Genetic Information Nondiscrimination Act (GINA) was passed to protect Americans from being treated unfairly because of differences in their DNA.

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.

Battling the Pandemic of Fear

Thrive Global

It increases anxiety and depression, undermines social relationships and, at its worst, leads to stigma and discrimination. The economic consequences of the COVID-19 pandemic will further compound adverse mental health effects; such effects were observed for the 2008 great recession. Fear also feeds stigma and discrimination, which are toxic to mental health, contribute to avoidance of health care, and disproportionately affect people who have fewer resources.

Outdated medical forms can cost you!

OmegaHR Solutions

It cost them a settlement and two years of monitoring from the EEOC as well as training for supervisors and HR. The Genetic Information Nondiscrimination Act was passed in 2008. It prohibits employment discrimination on the basis genetic information. EEOC genetic discrimination GINA medical forms medical history medical history in employmentOn January 7 th , the EEOC announced they reached a settlement with a company that was using pre-GINA medical forms.

Bill allowing firms to ask for workers’ genetic info passes first hurdle

HR Morning

A new bill would give employers a lot more freedom with their wellness program requests — and essentially override the protections under GINA. . The Preserving Employee Wellness Programs Act (H.R. If passed, the bill would allow employers to require employees to undergo genetic testing and share that info under a workplace wellness program. GINA also makes it illegal to discriminate against employees or applicants because of their family medical history.

Refusal to Undergo Medical Exam Tanks Michigan Worker’s ADA Claim

HR Daily Advisor

In 2007 and 2008, he alleged that a coworker made disparaging comments about his national origin (Mexican) and complained to his union chairman and supervisor. He was reprimanded twice in early 2008 for failing to carry out his job duties. Sam was cleared by his doctors and returned to work on March 25, 2008. Sam took medical leave again in July 2013, claiming he was experiencing stress caused by discrimination and retaliation at work. The U.S.

Case for Consistency: Treatment of Manager Prevents Dismissal of Age Bias Claim

HR Daily Advisor

A New Jersey federal court recently declined to dismiss an age discrimination lawsuit because an employer’s failure to discipline employees in a consistent manner could be construed as evidence of discrimination. He received individual scores indicating he was not meeting performance expectations in 2006, 2008, and 2014, although his supervisor acknowledged that managers, including himself, had good and bad years. Employment Law 401(k) discrimination GNC managers

Watch Out Employers! ‘Cute’ Could Be Seen as a Protected Class

HR Daily Advisor

According to the Equal Employment Opportunity Commission (EEOC), Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate against someone based on race, color, religion, national origin, or sex, but could being “cute” get added to this list? In April 2012, Wall Street Chiropractic and Wellness (WSCW)—co-owned by husband and wife, “Hal” and “Patricia”—hired “Sarah” as its yoga instructor and massage therapist, and she would report directly to Hal.

Federal Appeals Court Holds Transgender Employees are Protected Under Title VII

HR Daily Advisor

After all, they reason, history informs us that “sex” was inserted into Title VII of the Civil Rights Act of 1964 to defeat the effort to make race discrimination unlawful. The Court held that was discrimination based on sex. falls squarely within the ambit of sex-based discrimination that Price Waterhouse . Well, yes. The appeals court relied on a case from 2008 (the law develops slowly, but develop it does) that dealt with an identical situation.

Does Mine Supervisor with Bad Back Have Disability Bias Claim?

HR Daily Advisor

Terminated employees who sue often file claims for unlawful discrimination and breach of the covenant of good faith and fair dealing. Recently, the Alaska Supreme Court analyzed how a claim for breach of the covenant of good faith and fair dealing relates to a disability discrimination claim. Bad Backs Don’t Do Well in Mines. He had unsuccessful back surgery in 2008. ADA & Disabilities breach disability discrimination LLC

ADA: Court Rules that Deceased Employee’s Estate May Sue for Compensatory Damages

HR Daily Advisor

8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed an Arkansas district court’s dismissal of a discrimination claim brought under the Americans with Disabilities Act (ADA) by a deceased employee’s estate. in 2008. Guenther filed a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The U.S.

4 Ways HR Analytics Can Improve Workplace Diversity

Cornerstone On Demand

There are multiple studies showing that diversity improves organizational bottom lines: McKinsey quarterly reported that between 2008 and 2010, companies with more diverse teams were top financial performers, and according to a study by Lu Hong and Scott E. However, after years of trying to promote diversity by eliminating bias and discrimination in the workplace by legal means, it still exists. Eliminating Workforce Discrimination with Big Data. The U.S.

What Is GINA?

HR Daily Advisor

GINA stands for the Genetic Information Nondiscrimination Act of 2008, and it’s enforced by the Equal Employment Opportunity Commission (EEOC). It strives to protect individuals from discrimination based on genetic information. Employers may also obtain written authorization from the individual for certain circumstances, such as the administration of health or genetic services as part of an employee wellness program. Be sure to check your state and local laws as well.

Mixed Interpretations of Mach Mining Decision

HRExecutive

In the case, Mach Mining was accused by the EEOC of discriminating against women who applied for jobs at its Johnson City, Ill., The EEOC filed suit in 2008 after an unsuccessful job applicant complained to the agency that the company never hired a female miner. ” Meanwhile, in this posting , the EEOC calls the decision a “step forward for victims of discrimination” in its rejection of the “intrusive review proposed by the company and its supporters.”