Staying Compliant: Questions To Avoid When Conducting An Interview

Justworks

SEPTEMBER 9, 2015

Inappropriate interview questions can run afoul of discrimination laws, potentially resulting in a lawsuit. Believe it or not, your responsibility to stay compliant begins before you’ve even hired someone. The interviewing process is often ground zero for employment law violations. Here are a few thorny topics that might come up during an interview and tips for handling them legally.

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Steer Clear Of These Common HR Compliance Fines

Justworks

AUGUST 20, 2015

And that’s only with regard to discrimination. Every year, companies are forced to pay billions of dollars in fines related to common HR compliance rules set forth by the government. As an example , the U.S. Equal Employment Opportunity Commission revealed that in 2010, “it secured more than $404 million in monetary benefits for individuals.” The reality is, it can be hard to keep track of each and every instance where compliance could be an issue. There's a huge variety of fines businesses large and small can incur. And for small businesses, those fines can add up quickly. Compliance

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TriNet

JUNE 1, 2016

California-based employers with five or more employees must now comply with amended anti-discrimination regulations regarding the Fair Employment and Housing Act (FEHA) that went into effect on April. Legal News & Compliance anti-discrimination lawsVisit site for full story.

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Ohio Employer's Law

SEPTEMBER 12, 2016

The EEOC has sued a Colorado hospital for age discrimination. In truth, with the exception of a few limited circumstances, mandatory retirement ages are about as close to a slam dunk case of illegal age discrimination you can find. Related Stories #ElderlyChristmasSongs and age discrimination Is hiring for “digital natives” age discrimination?

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OmegaHR Solutions

JUNE 30, 2016

The EEOC has issued new guidance on national origin discrimination. This is an EEOC (Equal Employment Opportunity Commission) term that has received new emphasis in the PROPOSED Enforcement Guidance on National Origin Discrimination document released in early June. Intersectional discrimination. would be evidence of intersectional discrimination. Why should you care?

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Ohio Employer's Law

SEPTEMBER 13, 2016

Wal-Mart Stores [pdf] , a fairly run of the mill age discrimination lawsuit. The court decided that Richardson had failed to establish that Wal-Mart’s reason for firing her—a two-year history of disciplinary warnings—was pretext for age discrimination. When discrimination occurs, it must be stopped. discriminationLast week, the 6th Circuit decided Richardson v.

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OmegaHR Solutions

OCTOBER 17, 2016

The EEOC doesn’t like religious discrimination even if it is a “fringe” religion or can be declared one. I was not going to write about this at first, but when you see two prestigious law firms like Seyfarth Shaw and Constangy Brooks devoting “ink” you sit up and pay attention. EEOC Religious religious discrimination discrimination caseYep you read that right.

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HR Daily Advisor

AUGUST 9, 2016

In the case of one Portland, Oregon, doughnut shop, the answer to this question is, “Yes, vegan discrimination is a real thing.” However, the owner of the company has done his HR homework and covered his bases to avoid a charge of unlawful discrimination based on disability or religion. The post Is Vegan Discrimination a Real Thing? appeared first on HR Daily Advisor.

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Ohio Employer's Law

JULY 12, 2016

According to this EEOC press release , the agency has sued a North Carolina retail-furniture franchise for pregnancy discrimination. That concern, however, does not excuse pregnancy discrimination. Companies must not impose paternalistic notions on pregnant women as doing so can result in unlawful discrimination.”. EEOC pregnancy discriminationCase in point?

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TheHRBlog

MARCH 15, 2016

The results were way better than the industry average, Best HR Practices Gender Diversity Workplace How To Increase Hiring Diversity How To Reduce Gender discrimination in Hiring How To Reduce Hiring BiasA company providing Blind Hiring in the United States conducted 1,200 auditions across 13 companies to study if real change is happening or not.

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OmegaHR Solutions

JANUARY 19, 2016

The EEOC reminds us that there are protections against religious and ethnic discrimination that employers must abide by. The EEOC specifically says: “Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, ethnicity, country of origin, race, or color.  Employers are prohibited from discriminating in all aspects of employment, including hiring, job assignments, pay, and termination.  In addition, employers must reasonably accommodate religious practices or dress, unless it is an undue hardship.  Title VII. The guidance.

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Ohio Employer's Law

JUNE 8, 2016

I read with great interest an article on vox.com, entitled, “Ban the box” might just replace one kind of discrimination with another. As a result, racial discrimination against black and Latino job applicants (especially men) replaces discrimination based on criminal record. discrimination EEOC race discriminationThe conclusion drawn by economist Jennifer L.

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HR Morning

MARCH 2, 2016

The EEOC has officially unveiled yet another way employees can sue you for discrimination.  . The agency announced that it has filed its first two sex discrimination cases based on sexual orientation. Sexual orientation discrimination punishes workers because of their close personal association with members of a particular sex, such as marital and other personal relationships.

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TLNT: The Business of HR

APRIL 8, 2015

HR News & Trends Legal Issues HR management HR News HR trends Legal racial discrimination workplace discrimination By Eric B. Meyer. Where do I find these cases I write about, you ask? I ain’t telling. But seriously, this case ( Ennis v. Transit. Corp. ) isn’t so much about the particular facts … White employee tosses banana peels at work. Black employees complain of racism.

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HR Morning

MARCH 11, 2016

So why in the world was her sex discrimination lawsuit allowed to stand? . Still, after her termination, she filed a sex discrimination lawsuit. Discrimination & Harassment Special Report lawsuit sex bias sex discriminationThis employee committed workplace misconduct and was fired. She even admitted to the misconduct. Because, according to the U.S. Cite: Chavez v.

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HR News and Views

APRIL 21, 2015

Today’s post deals with discrimination, which can be a major item of consideration for many organizations. Disability Discrimination a) Dress and Appearance Dress or appearance […]. Discrimination Training This is the second of a two-part series of blogs regarding dress codes. Here are some of the areas you want to think about when drafting your policy. 1.

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TLNT: The Business of HR

DECEMBER 1, 2014

Under federal law ( Title VII) , employers cannot discriminate because of one’s sex. Indeed, they’ve begun filing federal lawsuits on behalf of transgender employees who claim to have been discriminated against. HR News & Trends Legal Issues gender discrimination HR management HR News HR trends LBGT Legal Title VII transgender discrimination workplace discrimination By Eric B. Meyer. While Title VII does not explicitly coverage transgender employees (i.e., But, the courts have not uniformly accepted the EEOC’s position. more…).

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HR Daily Advisor

JULY 23, 2015

Supreme Court decision making same-sex marriage bans illegal across the country, many people have raised the question of discrimination. It may be legal for same-sex couples to marry, but it’s still also seemingly legal in many areas for businesses to discriminate based on sexual orientation. How Does Title VII Protect from Discrimination Based on Sexual Orientation?

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TLNT: The Business of HR

JANUARY 12, 2015

Jamal claims that Saks violated Title VII of the Civil Rights Act of 1964 by discriminating against her because she is transsexual. Saks claims that the complaint lacks merit because Title VII doesn’t prohibit discrimination against transgender employees. HR News & Trends Legal Issues HR management HR News HR trends LBGT Legal sexual discrimination workplace discrimination

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Ohio Employer's Law

SEPTEMBER 6, 2016

The EEOC reports that New Mexico Orthopaedics Associates will pay $165,000 to settle a lawsuit for associational disability discrimination. The ADA prohibits three different types of associational discrimination. Expense — discrimination based on the cost of insuring the associated disabled person under the employer’s health plan. Some employees aren’t so lucky. EEOC v.

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EEOC Steps Up Data Collection on Discrimination

HRE's The Leader Board

JULY 26, 2016

In case you missed this bit of news on your rush out the door to start your weekend last Friday: In an effort to improve the information available about religious discrimination, the U.S. These changes, the agency says, will allow it to collect more precise data about the religion of the individual alleging discrimination – allowing the EEOC, as well as the public, to recognize and respond to trends in charge data. The fact sheet is available at EEOC’s Youth@Work website , which presents information for teens and other young workers about employment discrimination.

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HR Morning

JUNE 17, 2016

The DOL’s Office of Federal Contract Compliance Programs (OFCCP) just updated a final rule updating the sex discrimination regulations federal contractors are required to abide by. Discrimination & Harassment Special Report dol final rule regulations rule sex bias sex discriminationBut there’s a reason private sector employers should pay attention as well. .

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HR Morning

MARCH 25, 2016

The Equal Employment Opportunity Commission has made it clear that its chief enforcement target is “systematic” discrimination on the part of employers. And the agency’s making good on that threat: Here are recent settlements of sex discrimination lawsuits that will cost four companies a total of $4.2 million. million.  . Tire retailer: $2.1 million.

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HR Morning

JULY 15, 2016

RCH Colorado, owner and operator of the Reserve Casino Hotel, a prominent hotel and casino in Central City, CO, will pay $250,000 to settle an age and sex discrimination lawsuit brought by the U.S. revise and distribute its anti-discrimination policies, and. report to EEOC if there are any complaints of age or gender discrimination. EEOC filed its lawsuit in U.S.

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HR Daily Advisor

MARCH 16, 2015

Existing sex discrimination guidelines (found at 41 C.F.R. Department of Labor’s (DOL) OFCCP issued a Notice of Proposed Rulemaking (NPRM) that would rescind the existing Sex Discrimination Guidelines and propose provisions that address current workplace practices and issues and align contractors’ obligation with current law and legal interpretations. HR 2015? 11246.

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Blogging 4 Jobs

AUGUST 2, 2016

When Dress Codes Discriminate. Unequal dress code policy enforcement is one of the less subtle ways that employment discrimination manifests, but it can be difficult to fight without very clear documentation and supporting evidence. In HR cosplay costumes at work discrimination at work dress code discrimination dress codes” Does cosplay belong in the office?

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Ohio Employer's Law

SEPTEMBER 19, 2016

Catastrophe Management Solutions [pdf] , the EEOC asked the 11th Circuit to determine whether banning an African-American employee from wearing dreadlocks constitutes race discrimination. race discriminationIn EEOC v. In a lengthy decision that discusses the very concept of race, the court answered the question “no”. When she refused, it rescinded the offer.

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Discrimination: A Workplace Disorder

TalentCulture

APRIL 11, 2016

The story centered on the topic of discrimination as commented by and seen through the eyes of a few recruiters in the staffing industry. The comments in this article illustrated the very nature of systemic discrimination across America and how well engrained it is in this country. No, workplace discrimination is not a new topic. The Civil Rights Act Of 1964. In 1964, the U.S.

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TLNT: The Business of HR

MAY 26, 2015

Here are 100,000 reasons to take all forms of discrimination seriously. And, And, that includes discrimination against men. Remember my January post about the EEOC suing Ruby Tuesday, alleging that the restaurant chain discriminated against male employees for temporary assignments? Legal Issues EEOC harassment HR communications HR management HR News HR trends Legal workplace discriminationBy Eric B. Meyer. Well, that case just settled for $100K! But, wait! There’s more… (more…).

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Ohio Employer's Law

AUGUST 18, 2016

Pregnancy discrimination has been unlawful under federal law since 1978. Chipotle Mexican Grill who claimed she was fired because she became pregnant has won her discrimination case against the Mexican restaurant chain. Title VII’s prohibition against sex discrimination includes a prohibition against employment decisions based on pregnancy, even where an employer does not discriminate against women generally. pregnancy discriminationYet, this recent story from the Washington Business Journal suggests otherwise. former employee of a D.C.

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HRWatchdog

AUGUST 8, 2016

million to settle a pay discrimination claim. Million to Settle Gender Pay Discrimination Claim appeared first on HRWatchdog by Gail Cecchettini Whaley. Compensation Discrimination California Fair Pay Act gender equity pay pay discriminationEmployers need to aware of the requirements under California’s Fair Pay Act. Don’t Forget California’s Fair Pay Obligations.

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Ohio Employer's Law

NOVEMBER 18, 2015

My answer: The reality is that defending a discrimination or other employment lawsuit is expensive. What does Hiscox report on the cost of defending of discrimination lawsuit, from its study of its own claim history? Preventing discrimination and harassment. discrimination employee relations litigationOh, how I love to be right. Conduct harassment training. Termination.

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TLNT: The Business of HR

APRIL 10, 2015

HR News & Trends Legal Issues HR management HR News HR trends Legal transgender discrimination workplace discrimination By Eric B. Meyer. Exactly one month ago, I addressed what many consider to be the elephant in the room when it comes to transgender employees:  Bathroom use. On Wednesday,  EEOC Commissioner Chai Feldblum  fired off a series of tweets (1, 2, 3, 4, 5, 6, 7) to lawyers representing employers and employees. Below ( and here ) is the one she sent to my side of the bar: (more…).

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IO At Work

JANUARY 29, 2016

The post Discrimination Can Block Pathways into Organizations appeared first on I/O at Work. Discrimination Diversity Fairness Gender Selection discrimination diversity fairness gender selectionAmbitious prospective doctoral students may contact professors and ask to meet them to discuss research and explore opportunities. Would professors respond differently to these requests based on students’ gender and race? How might this later affect students’ ability to gain entrance into a doctoral program? Read More].

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TLNT: The Business of HR

MARCH 25, 2015

A small business located in New Castle PA, Ezeflow USA, Inc, recently settled a disability discrimination lawsuit for $65,000 before it went to trial. HR Management Legal Issues Best practices HR communications HR management Legal talent management workplace discrimination On top of the $65,000 settlement and legal fees, the company has agreed to invest further time and money into revising its policies and provide training to its employees. This amount of time and money spent would have a serious impact on just about any small business. more…).

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TLNT: The Business of HR

SEPTEMBER 25, 2015

Discrimination HR Management HR News HR Trends Legal, Compliance & Policies Sexual Discrimination FeaturedBy Eric B. Meyer.

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Are You Discriminating Because You Use Background Checks?

EBI

JUNE 7, 2016

“Have you ever been convicted of a felony or a crime?”. Chances are you have answered this on a job application somewhere down the line, and now you might even be the one asking the question. According to the EEOC, asking the question is not the problem, but how you USE the answer could get you sued. To add more complications to this already complicated issue, the U.S. More on that a little later.

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