When your organization is interviewing candidates for a position, does it consider whether the candidate will fit into your company culture? If so, have you created clear standards on what constitutes your culture and how a candidate can demonstrate the ability to...
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Workplace Discrimination
Analysis: 56 Percent Of Workers Over 50 Are Laid Off, Pushed Out
The Age Discrimination in Employment Act (ADEA) was passed in 1967. A Labor Department report leading to its passage noted that, at the time, half of all job ads in the private sector explicitly barred applications from people 55 or over. A quarter excluded anyone...
EEOC Accuses Walmart Of Failing To Accommodate Pregnant Workers
The Pregnancy Discrimination Act of 1978 is a federal law that prohibits employment discrimination "because of or on the basis of pregnancy, childbirth, or related medical conditions." In 2015, The U.S. Supreme Court ruled in Young v. United Parcel Service, Inc., that...
Lawsuits To Test Whether Age-Based Recruitment Violates The ADEA
Can employers legally limit the ages of job prospects by recruiting only on college campuses? Can they cap the years of experience applicants are allowed to have? Can they set up social media recruitment campaigns that exclude older people? Or would taking active...
What Does Age Discrimination Look Like? ProPublica Examines IBM
Recently, the independent, nonprofit investigative journalism newsroom ProPublica released a detailed analysis of massive personnel changes at IBM that it believes indicate age discrimination. Over the past five years, IBM has cut over 20,000 U.S. employees aged 40...
Is Workplace Discrimination Based On Sexual Orientation Illegal?
If you think federal law prohibits employers from discriminating against employees based on their sexual orientation, you would be wrong. In fact, while federal law - specifically Title VII of the Civil Rights Act of 1964 - does outlaw workplace discrimination based...
SERVICE ANIMALS AND THE ADA
"If you want a friend in Washington, get a dog." - (Quote often attributed to Harry Truman) The ADA defines a service dog as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical,...
DOJ Says Federal Law Does Not Ban Sexual Orientation Discrimination
On July 26, 2017, the Department of Justice filed an Amicus Brief in the United States Court of Appeals for the Second Circuit taking the position that Title VII of the Civil Rights Act of 1964 does not ban employment discrimination based on sexual orientation. The...
Colonial Williamsburg Sued for Failure to Accommodate Boy with Gluten Allergy
The Colonial Williamsburg Foundation has been sued for failing to accommodate a boy during a school field trip. The Complaint claims that the boy's rights under the Americans with Disabilities Act were violated, when a restaurant operated by the foundation, excluded...
Maryland Employer Sued for Failing to Accommodate Employee’s Religious Holiday
The U.S. Equal Employment Opportunity Commission recently sued the company XPO Last Mile, Inc., in federal court in Maryland, for discriminating against a new hire because he could not start work on a Jewish Holiday. The company pulled its offer letter for Tzvi...