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Employment Law

Hot streak over? EEOC loses bid to limit credit histories in hiring

06/08/2011
In a recent case, EEOC v. Kaplan Higher Education, employers scored a major victory. Now, perhaps, we can expect more courts to look skeptically on some of the EEOC’s tactics, giving employers more tools to build the workforces they need.

No changes needed to implement new I-9 regulations

06/08/2011
You may have heard that the U.S. Citizenship and Immigration Services published final regulations—which took effect May 16, 2011—regarding employers’ Form I-9 employment verification practices. The good news: You don’t need to change any of your current practices—as long as your forms and practices are up-to-date.

Aldi warehouse parent company will pay $60,000 for bias

06/07/2011
Eclipse Advantage, Inc.—a transportation, logistics and distribution management company—has agreed to pay $60,000 to settle an EEOC racial harassment and retaliation lawsuit.

Overexposed meat manager costs supermarket $300,000

06/07/2011
Dave’s Supermarket will shell out $300,000 to settle sexual harassment charges after it failed to act swiftly to address a misbehaving meat manager at its Lee-Harvard Shopping Center store on Cleveland’s east side.

Check for job search if employee was ‘forced’ to quit

06/07/2011
Under limited circumstances, an em­­ployee can claim that harassment or discrimination at work made her life so miserable that she had no choice but to quit. She can then walk out and sue as if she had been fired. But what if it turns out that the employee found a job before quitting? That can sink her claim.

You can demand a mental exam if you’re sued for emotional damage

06/07/2011
Employees who claim they worked in an environment so sexually hostile that they suffered psychological damage may have to undergo a mental examination and intensive testing before the case goes to trial. It’s the only way an employer can determine whether the alleged damage was indeed related to the harassment, or perhaps came from another source.

Suspect medical excuse is bogus? Ask employee for a (real) doctor’s note

06/07/2011
Some people will do anything to get out of work early, including lying about their child’s health. One employer did the smart thing and demanded proof when it became suspicious.

Document exact timing of decision to fire

06/07/2011
When firing an employee, always note exactly when you decided to terminate her. You will no doubt know before the employee does. Your good record-keeping can shoot down an employee’s attempt to blame the firing on something illegal—like disability discrimination or an attempt to interfere with the employee’s FMLA rights.

Employer beats EEOC in credit-history fight

06/07/2011
The EEOC has been pushing the idea that using credit reports to screen job applicants may discriminate on the basis of race—and it’s actively pursuing cases in federal court. But now an Ohio federal court has limited the scope of a class-action lawsuit after the EEOC wanted to include many years of hiring history.

Which of the following issues causes the biggest problems in your organization?

06/07/2011
When it comes to HR headaches, our readers say employment law issues take a back seat to run-of-the-mill gripes and clashes between co-workers.