Improper Pre-Employment Tests Cost Contractor $875,000

Employers who use aptitude and other tests as part of their job application process need to be very careful that the tests do not unfairly screen out qualified minority candidates. Recently, the Department of Labor settled a case against a federal contractor for $875,000, where the contractor’s applicant selection process, which included invalid tests, resulted… Continue reading Improper Pre-Employment Tests Cost Contractor $875,000

Automatic Deductions from Pay for Meal Breaks

On October 7, 2013, the U.S. Supreme Court refused to review a decision of the Sixth Circuit Court of Appeals that has important implications for employers who automatically deduct wages for meal breaks from employees’ pay. In White v. Baptist Memorial Health Care Corporation, the plaintiff sought overtime based on time allegedly worked during her… Continue reading Automatic Deductions from Pay for Meal Breaks

Employee Use of Fire Extinguishers

The Society for Human Resource Management website recently noted that employers are obligated to train employees to use fire extinguishers at work. In fact, OSHA has specific regulations addressing the “placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees.” Further, in some specific circumstances, if you provide portable fire… Continue reading Employee Use of Fire Extinguishers

Dollar Stores Pays More than One Dollar for Failure to Provide Accommodation to Dyslexic Employee

Recently, Dollar General Stores entered into a settlement with the EEOC based on a claim that it failed to accommodate an employee’s dyslexia. The employee was required to undertake computer based training followed by a written test. When the employee asked for help with the written test, his request was denied. Dollar Stores then demoted… Continue reading Dollar Stores Pays More than One Dollar for Failure to Provide Accommodation to Dyslexic Employee

One Way to get Sued for Age Discrimination:

Lay-off 11 employees, 7 of whom are over 60, and then rehire only the 4 employees under age 60 a few months later. A recent EEOC complaint alleges that an employer did just that, and asserts that the employer violated Title VII because it selected employees for lay-offs based on their age. Presumably, the employer will… Continue reading One Way to get Sued for Age Discrimination:

Disability Services Provider Pays $130,000 to Settle Disability Discrimination Suit

No, this is not a joke. On October 17, 2013, the EEOC announced a settlement with a California disability services provider who was accused of withdrawing an employment offer because the candidate was disabled. The candidate had partial paralysis in one hand, but had passed all tests and was cleared to perform the job by… Continue reading Disability Services Provider Pays $130,000 to Settle Disability Discrimination Suit

Oregon Federal Court Refuses to Apply “But For” Standard to ADA Discrimination Claim

In June 2013, the U.S. Supreme Court ruled that a “but for” causation standard should be applied to retaliation claims under Title VII. In other words, to prevail on a claim for retaliation under Title VII, an employee has to show that their protected activity was the “but for” cause of an adverse employment action. Univ. of Tex.… Continue reading Oregon Federal Court Refuses to Apply “But For” Standard to ADA Discrimination Claim

No News Is Not Necessarily Good News

During the government shut down, the EEOC, DOL, OSHA and NLRB have ceased updating their websites and stopped issuing news releases on recent developments, litigation, enforcement actions, and settlements, which has significantly impacted the content of our blog. Coincidentally, this has also been a slow news month in the employment world. We promise, however, to… Continue reading No News Is Not Necessarily Good News