Same-Sex Training Policy Results in Millions in Liability?
The Situation: For a number of reasons, including trying to avoid any potential sexual harassment claims, you implement a policy under which you only allow job candidates to be trained by employees of the same gender prior to completing the hiring process. Based on a smaller pool of female employees who can train them, female applicants end up having to wait quite a while to receive the necessary training (and thus less are hired). Does this constitute discrimination?…READ MORE
Discriminatory Strength Test Can Cost Millions?
The Situation: In an effort to minimize the chance of work-related injuries, you have applicants for physically demanding positions undergo a strength and agility test. Your workforce ends up being significantly male. Should you be concerned about being hit with claims of discrimination?…READ MORE
Can You Discriminate By Making an Employee Do Less For the Same Money?
The Situation: You decide to shift supervisory responsibilities away from one of your current supervisors to a new supervisor, but keep the old supervisor at the same rate of pay with the same job title. Could this be considered an adverse action that could support a discrimination claim?…READ MORE
Routine Deletion of Video Records Could Cost You
The Situation: One of your employees gets into a physical altercation with a supervisor. The employee and the supervisor point the finger at each other, each claiming the other started it. Fortunately, you have video footage of the incident from surveillance cameras in the relevant area. You review the footage and decide the employee is to blame. You fire the employee. The employee then claims he was discriminated against because of his race when you fired him and not his supervisor. The problem is that the video was deleted as part of your routine information purging protocol. Could this mean trouble?…READ MORE
Title VII Liability for Racist Remarks of a Non Decisionmaker?
The Situation: Based on reports made by your supervisor about some performance problems of one of his subordinates, you fire him. The terminated employee then claims that the supervisor made a number of racist statements to him. Since the supervisor didn’t make the decision to fire the employee, can your company still face a claim under Title VII for discrimination?…READ MORE
How Far Can You Go With Medical Inquiry of a Prospective Employee?
The Situation: You have found a good candidate for an open position—the only thing between him and the job is a medical screening. During the screening, you become aware that he had a back injury a few years ago and you are worried he can’t do the job, which is fairly physically demanding. Can you require that he get an MRI to get more clarity on his condition? And if he doesn’t get the MRI, can you take back the job offer?…READ MORE
Can You Take Back a Job Offer if He Becomes a She?
The Situation: You are interviewing a number of candidates for a vacant position. One particular candidate stands out and he seems like he will be the best fit. After you offer him the job, he tells you that he is a transgender and will be presenting as a female by the time he begins to work. Can you rescind your job offer?…READ MORE
Does Harassment Based on Sexual Orientation Count as Sex Discrimination?
The Situation: One of your supervisors has been making offensive comments to a gay employee about his sexual orientation fairly frequently. The employee complains to you, but you don’t take it seriously and thus, don’t take any action. The employee then quits. Could you face a possible claim under Title VII?…READ MORE
Obesity = Impairment?
The Situation: You are hiring for a position that has some significant safety concerns. You offer the job to an applicant, contingent upon a successful medical screening. The screening ends up showing that the applicant is morbidly obese and you are concerned about the risks that could be associated with his performing the functions of the job. You decide not to hire him. Can he succeed on a claim of discrimination?…READ MORE
Can Automated Response to Online Employment Application Show Knowledge of Age?
The Situation: You have an online application process. When a candidate submits his job application online, he automatically receives an email telling him that his application has been submitted, that you will review his background to determine if his qualifications meet with posting requirements, and that you will contact him if it does. You don’t hire a particular applicant and he claims that it was because of his age-pointing to the automated email as evidence that you had knowledge of his age (which would have been obvious based upon the information in his resume). Is this enough to assert a claim under the ADEA?…READ MORE