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EEOC’s use of ‘race raters’ against Kaplan University gets failing grade
by Judith E. Kramer On January 28, a federal court ruled in favor of Kaplan Higher Learning Education Corp. and Kaplan University in a lawsuit filed by the Equal Employment Opportunity Commission...
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Criminal and background reports as evidence in EEOC class actions
by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark...
View ArticleShe works hard for the money
by Kylie Crawford TenBrook Several years ago, I attended a celebration for one of my brothers, who had just become an Eagle Scout. Several relatives were there, including some distant relatives I...
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Military needs more than a few good men
by Mark Schickman Let’s turn the clock back 50 years to the days before Title VII of the Civil Rights Act of 1964. Sex discrimination was a constant, and sexual harassment was so prevalent that it...
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Atten-hut! Know your USERRA obligations
by Steve Jones Q What are my obligations to employees who are in the military, are called to serve, and then seek to return to their civilian jobs? What if an employee will be deployed for more than a...
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What’s on the immigration horizon for employers?
by Elaine Young During the month of May, the Senate Judiciary Committee marked up the comprehensive immigration reform bill that the “Gang of Eight” proposed earlier in the year. In June, we saw the...
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Sex, religion, and retaliation
by Mark I. Schickman I keep waiting for the day that employment discrimination claims disappear. We spend a ton of time training employees to prevent and avoid discriminatory conduct, and the proper...
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Same-sex couples stand to receive benefits after DOMA provision’s demise
by Scott Evans On June 26, the U.S. Supreme Court issued a pair of decisions favorable to the gay rights movement. In United States v. Windsor, the Court ruled that same-sex married couples are...
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Miss Utah and the Equal Pay Act
by Boyd Byers She didn’t win the crown, but Miss Utah, Marissa Powell, made the most news during the Miss USA pageant this summer. Her bungled response to a question about the gender pay gap went viral...
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What’s the status of transgender employees in the workplace?
by Raanon Gal and Chad A. Shultz The law regarding the rights of transgender employees is evolving, with a clear trend toward the recognition and protection of the rights of transgender individuals....
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Discriminatory practices: pitfalls of the I-9 process
by Anders Lindberg The I-9 process of verifying an employee’s identity and employment authorization can be, as W.C. Fields put it, “fraught with eminent peril.” Failure to comply with documentation,...
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Maintaining a religion-neutral workplace
by Charles S. Plumb About a year ago, a group of private citizens paid for a seven-foot-tall granite monument of the Ten Commandments and gained approval for it to be placed on the north end of the...
View ArticleAre we evolving on sexual orientation/gender identity issues?
by W. Scott McLellan Many states have statutes prohibiting discrimination against employees on the basis of sexual orientation or gender identity. Not all states have such prohibition, and since there...
View ArticleShe works hard for the money
by Kylie Crawford TenBrook Several years ago, I attended a celebration for one of my brothers, who had just become an Eagle Scout. Several relatives were there, including some distant relatives I...
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Are we evolving on sexual orientation/gender identity issues?
Many states have statutes prohibiting discrimination against employees on the basis of sexual orientation or gender identity. Not all states have such prohibition, and since there is no broad federal...
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Bullying in the workplace
by Amy S. Ybarra Bullying. We’ve all read the headlines. A child shoots another child who bullied him. A child takes her own life because she was bullied. As a result, schools are teaching kids and...
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Are microaggressions a new legal threat in the workplace?
by Tammy Binford An April gathering that brought together President Barack Obama, three former presidents, and civil rights leaders marked the 50th anniversary of the Civil Rights Act of 1964, a...
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A Sterling reputation tarnished
by Kylie Crawford TenBrook Best Western International, Inc. In April, recordings of Los Angeles Clippers owner Donald Sterling making racist remarks to his half-black, half-Mexican girlfriend...
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Supreme Court addresses, upholds state bans on affirmative action
By Holly K. Jones In a recent U.S. Supreme Court ruling, the court upheld a controversial ban on the use of affirmative action in public education, employment, and contracts in the state of Michigan....
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What employers need to know about immigration reform
by Christine D. Mehfoud Turn on the news. Open the paper. Click on cnn.com. For months, if not years, immigration has been one of the top stories. Specifically, immigration reform: Will immigration...
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