Disparate Treatment Versus Disparate Impact
When trying to be sure the organization does not have any discriminatory policies or actions, HR professionals have a big task.
When trying to be sure the organization does not have any discriminatory policies or actions, HR professionals have a big task.
HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. Under the standard, an employee presents a prima facie (minimally sufficient) case that he belongs to a protected class and suffered an adverse action. The employer then presents a legitimate nondiscriminatory reason for its action, and he in […]
A new report from Pew Research Center, a nonpartisan fact tank, finds that women working in science, technology, engineering, and math (STEM) are much more likely than men to experience gender discrimination and sexual harassment at work.
Age discrimination often happens inadvertently. After all, most of us don’t set out to intentionally exclude older workers. We can rationally recognize that older workers are just as valuable as any other worker, and may often bring years (even decades) of experience and knowledge. Yet, age discrimination—both intentional and unintentional—still happens frequently during the recruiting […]
A federal judge in Aberdeen, Mississippi recently heard an employee’s claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment.
Motivated employees tend to stick around, and can help keep themselves and others engaged.
At the end of September, the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), outlined—for the first time—the test for analyzing disability-based interference claims under the Rehabilitation Act and the Americans with Disabilities Act (ADA).
The Dallas office of the Equal Employment Opportunity Commission (EEOC) recently sued a local TV station for age discrimination. The station’s on-air traffic reporter who circled over Dallas-Fort Worth (DFW) traffic resigned, and a replacement needed to be found. The replacement, a 24-year-old, was allegedly unqualified for the position. The EEOC claims that a very […]
An employee continues to make mistakes that cost the company money. You meet with her and place her on a performance improvement plan (PIP). After the 60-day PIP period ends, you conclude that her performance did not improve adequately and terminate her employment.
It’s hard enough hiring new employees without making these common and damaging interview mistakes.