January 1, 2011
January 1, 2011
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The Equal Employment Opportunity Commission (EEOC) has finished up its best three years in history in terms of the number of charges filed, the total dollars recovered, and the reduction of backlogged charges. EEOC claims and total dollars recovered from employers hit an all time high ($319 million) in FY 2010. Charges filed in FY 2010 were up 7.1% from the previous year to 99,022. A combination of factors attribute to this trend. The EEOC’s authority has been expanded through legislation; the ADA Amendment Act, the Genetic Information Nondiscrimination Act (GINA) and the Lily Ledbetter Fair Pay Act. The Commission […]
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December 1, 2010
December 1, 2010
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An employer can be legally responsible for an employee’s wrongful acts. Negligent hiring is a claim made against an employer based on the premise that an employer knew, or should have known, an employee was likely to behave inappropriately toward other employees. Criminal history is a routine background check made prior to a hiring decision to avoid negligent hiring. The Society of Human Resource Management (SHRM) surveyed more than 400 of its members earlier this year and revealed 73% conduct a criminal history of potential employees. Criminal histories have become common for reasons beyond limiting legal exposure to negligent hiring. […]
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October 1, 2010
October 1, 2010
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Employers have the right to establish a dress code or appearance policy as long as there is a business reason, it is consistently applied and it doesn’t discriminate. Businesses that prohibit body art, tattoos and unconventional body piercing frequently cite the need to reflect a professional image as the reason. Some employers believe body art may be offensive to customers, investors and the public. Starbucks conducted an online survey of customers to determine if unobtrusive tattoos or more visible body piercings would change their visiting habits. Tattoos had less of a negative impact than piercings. Tattoos would cause 13% to […]
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August 1, 2010
August 1, 2010
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The new worksite strategy of Immigration and Customs Enforcement (ICE) shifts the focus from employees to employers. ICE’s new priority is criminal prosecution of employers for immigration violations. Gone are the days of I-9 audits resulting in fines and cease and desist orders. Auditors are well-trained investigators, many with backgrounds in law, law enforcement and accounting. In an ICE strategy memo, auditors are encouraged to use a wide range of methods to look for evidence of “harboring, identification document fraud, money laundering and other criminal conduct.” In a memorandum, Brett Dryer, ICE Worksite Enforcement Unit Chief stated, If we go […]
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