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HRM in the News is South-Western's service to provide summaries of the latest human resource management news stories. Review the brief summaries and, for stories of interest, select the full summary. |
| EQUAL EMPLOYMENT OPPORTUNITY | |
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Individuals with disabilities make up a large and mostly untapped source of labor in the United States. Yet, many hiring managers have misconceptions or biases that prevent them from accepting these applicants and focusing on their abilities. The author of this article presents some practical tips for increasing individual awareness about individuals with disabilities in the workplace. (Updated August 2008) |
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Charles Mickey, a 64-year-old worker at Zeidler Tool and Die Company, sued for age discrimination after the company gave him a pay cut but gave a raise to a younger manager. On the day the company became aware of his age discrimination suit, Mickey was laid off, raising the question of retaliation. (Updated May 2008) |
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Employees under investigation for sexual harassment may not have intended to create a hostile work environment with their behavior. However, this doesn’t necessarily mean that they are innocent. This article summarizes the most frequently cited excuses that accused employees will use to try to justify their inappropriate behaviors. (Updated May 2008) |
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After a trauma in an employee’s life, both the worker and his or her manager may be eager to get back to work as usual. Sometimes, the best approach is a gradual re-entry process with the help of the HR department. Keeping the lines of communication open is vitally important, not only to stay compliant with ADA and FMLA laws, but to show compassion for the situation. (Updated January 2008) |
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A Kentucky appeals court recently found in favor of the Kentucky State Park System when four employees were fired for non-dress code compliance. The employees claimed their rights were violated and they were discriminated against, but the court could find no evidence of this, and upheld the state parks’ dress code policy. (Updated June 2007) |
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The EEOC has decided to file a complaint on behalf of Daniel Wolansky, who claims he was sexually harassed by a member of upper management at United Healthcare. After Wolansky complained, the company retaliated by disciplining him and restricting his benefits. (Updated March 2007) |
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Many companies have dress codes that specify the types of clothing men and women should and should not wear on the job. Dress codes are fine when they are applied uniformly. However, a manager’s sexist comments regarding the institution of a new dress code at Rainbow Play Systems led a Court to rule the company’s dress code created disparate treatment on the basis of sex. (Updated February 2007) |
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In 2001, the EEOC brought Allstate Insurance Company to court, saying the insurer violated the ADEA when it fired its mostly over-40 sales force as a part of a reorganization plan, and refused to hire them in non-agent positions for one year. The company argued that its reorganization policies were non-age related. The court ruling showed that disparate impact did occur. (Updated February 2007) |
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Morbidly obese workers may face limitations at work. Yet, a recent ruling by a federal appellate panel says that morbidly obese employees are not covered under the Americans with Disabilities Act unless a physiological cause can be established. (Updated December 2006) |
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New York City’s advertising firms account for 46,000 jobs in the city. Recently, the New York City Human Right’s Commission found that just 2% of the best of these jobs are held by black employees. To rectify the deficit, nearly a dozen agencies have agreed to set numerical goals for increasing black representation on their creative and managerial staffs in the coming years. (Updated November 2006) |
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According to the 9th U.S. Circuit Court’s recent judgment, an employer’s dress and grooming policy can be challenged if the requirements for one sex are more burdensome or are based on stereotypes. (Updated October 2006) |
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Parents of children with disabilities often face daunting challenges at home and at work as they try to care for their child and keep their jobs. Recent court rulings promise fairer treatment for these parents as well as providing clearer guidelines for employers on how to manage them. (Updated September 2006) |
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The new EEOC Compliance Manual updates guidance for HR Managers and employers on Title VII of the Civil Rights Act of 1964 and how it relates to hiring and recruitment practices. Employers need to review their employee referral programs and campus recruiting programs to be sure these programs are free of discriminatory practices. (Updated August 2006) |
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Retaliation complaints filed with the EEOC have more than doubled since 1992. Employees can win retaliation claims in court, even when their harassment cases are dismissed. Legal specialists say employers can take steps to minimize these complaints through management training and follow-up efforts. (Updated May 2006) |
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A bill called the Workplace Religious Freedom Act continues to gain momentum in Congress since its introduction. The bill seeks to put greater onus on employers to prove that religious expression on the job entails significant difficulty or expense. (Updated April 2006) |
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John Montagne worked for Hershey Corp. for 26 years. At the age of 53, he was told the company no longer had a place for him and he reluctantly took the early retirement package offered. The company replaced him with a younger salesperson. Now, he and seven other former Hershey employees are suing the company under the Age Discrimination Employment Act. Total damages for the case could reach $3.8 million (Updated March 2006) |
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Experts disagree on the reasons fewer companies are using drug testing. Some say it is because drug testing has been a successful campaign and that the number of applicants testing positive for drug use has dropped. Others say it is because the tests are expensive and not worth the costs in the long run. (Updated January 2006) |
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Researchers from Cornell University discovered a "motherhood penalty" when job applications were evaluated. Mothers were perceived as less committed to their jobs compared to women without children. Conversely, fathers were considered more dedicated to work than men without children. (Updated September 2005) |
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Age-bias suits are on the rise and are leading to higher compensatory damage awards than any other single discrimination factor. HR departments need to work with lawyers to develop effective training programs that address stereotypes about older workers, lay out the circumstances in which offhand comments can become evidence in court cases, and explain the damaging nature of litigation related to this type of discrimination. (Updated August 2005) |
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A "Friends" sexual harassment case raises the question of what type of banter is appropriate for work, even in a creative environment. The ruling in the California Supreme Court Case could affect even workplaces where the discussion of potentially offensive matters is part of the job. (Updated June 2005) |
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Costco's new dress code implemented in 2001 prohibited all facial jewelry, aside from earrings. An employee who belonged to the Church of Body Modification refused to remove her facial piercings on the grounds that showing her piercings was a requirement of her religion. Costco's four-year court battle ended with a judging in its favor. (Updated May 2005) |
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Two hospitals that have implemented successful programs to attract and retain workers over age 50 believe there are great benefits to having more experienced workers on the payroll and have been recognized by the AARP for their efforts. (Updated November 2004) |
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When an employee makes a complaint about some violation of the law, everybody rushes to investigate. As the practice or procedure is investigated, so is the complainer. If the employer attempts to discipline the complainer a retaliation suit can ensue. Thus, a two-for-one or "twofer" lawsuit can result. (Updated July 2004) |
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The largest employment discrimination lawsuit in U.S. history was filed against Wal-Mart, the nation's largest company. The suit cites wage discrepancies between men and women performing the same jobs. The lawsuit also claims that Wal-Mart discriminated against the promotion of women. (Updated July 2004) |
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This article discusses how the courts view the training efforts of employers on the subjects of sexual harassment, discrimination and the disabled. Training programs and materials that are presented by employers are being scrutinized for effectiveness and content. Courts have not set parameters for determining training in these topics, yet they are a key part of the employers' defense. (Updated June 2004) |
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As the immigrant population grows in the U.S., English-only work environments are becoming more controversial. The EEOC guidelines are unclear and can be confusing to employers. As a result, more and more charges of discrimination are being brought each year. (Updated February 2004) |
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A U.S. federal judge ordered Supercuts to provide employee training on the Americans with Disabilities Act after the company was found to have retaliated against a man who complained to the EEOC that he was a victim of discrimination. (Updated December 2003) |
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A recent study looked at the percentage of minority workers in the IT industry compared to the entire U.S. workforce, and found fewer black workers in high-tech companies. Outsourcing and providing temporary visas for foreign workers were cited as causing a loss of jobs for U.S. workers.
(Updated November 2003) |
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An employee of Gap, Inc. was terminated a few months after she informed her supervisor that she was pregnant. She filed a lawsuit alleging violation of Title VII and the Pregnancy Discrimination Act. The company said she was fired for performance reasons. Who was in the wrong? (Updated September 2003) |
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This article explains how a tiny drive-in restaurant in Arizona became the center of a bitter battle over English-only rules in the workplace. (Updated July 2003) |
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For American business, the Supreme Court's decision supporting affirmative action brought a double message: diversity efforts are acceptable, quotas aren't. (Updated July 2003) |
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