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,…
Articles Posted in Disparate Impact / Disparate Treatment
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…
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…
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.…