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Showing posts for: Harassment & Discrimination

Jul 10 2017
Harassment & DiscriminationHiringQ&A

Q&A: Should we use employment tests to help us identify the best candidates?

Answer: Tests can be useful in identifying top job candidates, but it’s important to be thoughtful about how you incorporate testing into your hiring processes. Of course, it makes sense to select the most qualified candidate. However, you must ensure that your testing avoids a discriminatory adverse impact on the basis of a protected status…

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Jul 05 2017
DisabilityHarassment & DiscriminationHiring

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp agency employees, can we require…

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Jun 30 2017
Harassment & DiscriminationHiringImmigration

Requiring new hires to present specific IDs for I-9 costs employer $225,750

An employer in eastern Washington required all green card holders to present their Permanent Resident Cards when completing the Form I-9. The U.S. Department of Justice (DOJ) has announced that this employer has now agreed to pay a fine of $225,750 to settle discrimination charges. The employer also agreed to post workplace notices, train its…

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Jun 02 2017
Harassment & DiscriminationWage and Hour

Layoffs, job restructuring, and wage freezes no excuse for unequal pay

Female Managers Sued Their Employer Under the Equal Pay Act The female managers sued under the federal Equal Pay Act (EPA), which generally requires women and men to be paid the same if they perform work of equal skill, effort, and responsibility, under similar working conditions. The only exceptions are if the difference in pay…

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May 30 2017
Harassment & Discrimination

Federal courts split over sexual orientation discrimination

A recent string of federal appeals court cases regarding sexual orientation discrimination has shone a light on an area of open interpretation under federal law. Under Title VII of the Civil Rights Act, individuals are protected from discrimination based on sex, but the law doesn’t explicitly encompass protection based on sexual orientation. The federal Equal…

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May 15 2017
Harassment & DiscriminationOregonTermination & Resignation

Employer unlawfully discriminated against unmarried pregnant employee in Oregon

Court Finds University’s Defense Unconvincing The university rationalized that it wasn’t discriminating against the teacher based on her status (unmarried) but on her conduct (engaging in sex outside of marriage). However, the court wasn’t convinced by the employer’s argument and determined that the employee’s marital status wasn’t distinguishable from her conduct as a single woman….

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May 10 2017
Harassment & DiscriminationOregonWage and Hour

Internal complaints count as whistleblowing under Oregon law

Oregon Whistleblower Laws: Internal and External Complaints In Oregon, an employer cannot discriminate or retaliate against an employee who “has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation” (Oregon Revised Statute §659A.199). The statute doesn’t specify whether a report must…

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Apr 18 2017
Harassment & DiscriminationHiringQ&A

Q&A: Hiring a transgender receptionist

A: No. Customer-facing jobs, such as receptionists and sales representatives, are often tied to having a socially acceptable “look.” While it is perfectly legal to require a professional, clean appearance, it is generally illegal to require an employee to look like a specific gender. This is considered gender stereotyping, and there is a long line…

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Apr 12 2017
Affirmative ActionHarassment & DiscriminationLabor Relations

Blacklisting rule is gone for good

As expected, President Trump signed a resolution from Congress (H.J. Res. 37) that overturns the U.S. Department of Labor (DOL)’s rules implementing Executive Order 13673, “Fair Pay and Safe Workplaces,” also known as the federal contractor “blacklisting” order. As a result, the rule cannot be enforced. Also, federal agencies are prohibited from ever issuing a…

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Apr 04 2017
Harassment & DiscriminationTermination & Resignation

Female supervisor fired for sharing a stale cake will get her day in court

The supervisor, a single mother of seven, had worked for WinCo for 12 years. In that time, she was promoted to night-shift freight crew supervisor and had taken a leadership role on the safety committee. According to store practice, the supervisor was allowed to take stale cakes from the bakery cart to give to her…

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Mar 29 2017
Harassment & DiscriminationTermination & Resignation

Okay to terminate manager for violating behavioral contract

The employer initially decided to terminate the manager but then offered a behavioral contract in lieu of termination, to which the manager agreed. The contract forbade the manager to contact the employee in any manner. It also required the manager to “seek treatment for the types of inappropriate, uncomfortable, unwanted, persistent communications/behaviors [he] demonstrated” and…

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Mar 23 2017
DisabilityHarassment & DiscriminationHiring

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to perform the essential duties…

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