Close

Articles Posted in Disparate Impact / Disparate Treatment

Updated:

Two United States Senators are about to introduce something called the “No Robot Bosses Act”

We began July with New York City starting to enforce its law that requires companies hiring with artificial intelligence to notify candidates, provide candidates with particular information about data collected and analyzed, and independently audit the technology. It’s all in the name of removing bias from the hiring process, which…

Updated:

Would your business ever refuse to hire applicants with obvious missing, broken, or badly discolored teeth?

Unless you run a dental practice, I can’t imagine why a fetching, toothy smile would be a job qualification. But, apparently, a large chain of gas/convenience stores has that policy. In writing. (Although, there is an exception for people with a disability.) I can only imagine the job interview: “Hey,…

Updated:

3d Cir: Even where old folks are treated fairly, OLDER folks can bring age-bias claims

You’ll have to pardon the headline. I’m not nearly as articulate as the Third Circuit was in yesterday’s opinion in Karlo v. Pittsburgh Glass Works, LLC, using words like “cognizable” and “disproportionate adverse impact.” And, even though the Third Circuit sits in Philadelphia, you won’t find local lingo like “old…

Updated:

Can an employee fired for an extra-marital affair claim marital-status discrimination?

Well, I suppose you can claim just about anything. For example ***takes big dose of medication*** I claim god status on the third sun for Rondor. My fourth place finish on the unaired celebrity-blogger episode of Chopped really raised by Rondor grass cred. (No streets on Rondor; only luscious purple grass). But, when…

Updated:

Is an employee with managerial duties “similarly situated” to a manager?

  Maybe it’s the luck of the draw, but most of the discrimination cases I defend are hostile work environment cases, where an alleged harasser supposedly has made an employee-victim’s life miserable with certain comments, jokes, gestures, touchings, you name it. Far less often do I encounter disparate-treatment claims. A…

Updated:

Egyptian-born FBI agent + post-9/11 transfer = discrimination claim

I am an F….B…..I…. Agent!  And if anyone wants to get me this iPad case for Christmas… Wait, what was I supposed to be writing about? Oh yeah, national-origin discrimination. I’ll get it together for you after the jump… * * * Bassem Youssef, an Egyptian-born American citizen, claimed that…

Updated:

5 takeaways from the EEOC’s new guidance on use of criminal records

  Yesterday, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. (Title VII is the federal statute that prohibits discrimination in the workplace based on race, color, religion,…

Updated:

Uneven discipline can lead to big headaches and bigger lawsuits

A longtime employee of the Secretary of State’s office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct. Is that right? Can…

Updated:

EEOC buzz: deliberate discrimination against job seekers

Yesterday, the EEOC held a meeting to discuss what it deems a “major national problem”; namely, deliberate discrimination against job seekers based on their race, sex, age, national origin or other prohibited basis. After the jump, I’ll summarize the meeting and offer some tips for employers to help them stay…

Updated:

Third Circuit Employment Law 101: ADA Mixed-Motive Disparate Impact Claims

Look what just arrived in today’s mail. It’s a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File — the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry — alleges that the company terminated him because he’s disabled. I’ll show you after the jump.…