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Discrimination and EEOC Compliance

The Biggest Pitfall of Social Recruiting

September 25, 2013
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Don’t let anyone in the chain of hiring view candidates’ social media profiles. Train an employee who is insulated from the hiring process to do your social media searches.
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Legal Briefing: Same-Sex Spouse Entitled to Survivor Benefits

September 16, 2013
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Employers might be required to recognize same-sex partners as spouses for purposes of providing benefits under the company’s benefit plans.
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When Class Matters

September 9, 2013
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While we continue to experiment with live interactive virtual learning for widely dispersed participants, I’ve had some thoughts about when a live class experience matters.
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The One Thing You Can Never Release In a Settlement Agreement

July 16, 2013
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Do not make the mistake of including in your agreement a covenant forbidding the employee from filing a discrimination charge with the Equal Employment Opportunity Commission or other agency. The EEOC will view such a provision as retaliatory under Title VII.
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Is Your Company Looking at the Wrong Info to Screen Candidates Using Social Media?

July 9, 2013
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There might be some science behind how employers are using social media posts to screen applicants and hire employees.
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Why Paula Deen Loves Gay Marriage

July 8, 2013
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In her race discrimination lawsuit, Deen cites 'Hollingsworth v. Perry,' the recent U.S. Supreme Court case that dismissed, on the basis of a lack of standing, the challenge to the illegality of California's gay marriage ban.
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Employers, Read Those Severance Agreements

June 27, 2013
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The moral of story is that employers must read agreements, and not merely assume that a recently terminated employee will play fair.
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What's Cooking in Savannah: Paula Deen in the Fire

June 24, 2013
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The real issue, which hasn't been clearly determined, at least publicly, is what Ms. Deen actually said, what she did, and when her actions took place.
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Employee Medical Information and Social Media

June 24, 2013
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Social media is informal and instantaneous. Employees often post before they think about the implications of what they are posting. A policy statement on this issue could save you a headache in a disability discrimination lawsuit down the road.
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Title VII Does Not Give Employees the Right to Proselytize

June 21, 2013
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If you permit one employee to share his or her religious views in the workplace, you will have a difficult time disciplining or terminating another for the same reason. Employers and their employees should keep religion where it belongs—in the home and in places of worship.
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