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Discrimination and EEOC Compliance

Dillard's to Pay $2 Million to Settle Class Action Disability Bias Lawsuit

December 19, 2012
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The settlement resolves a 2008 lawsuit filed against the Little Rock, Arkansas-based retailer for allegedly using a longstanding national policy and practice of requiring all employees to disclose personal and confidential medical information to obtain sick leave, the EEOC said in a statement Dec. 18.
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The Importance of Getting Your Story Straight

December 19, 2012
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It is vitally important that companies have all their ducks in a row before terminating an employee. Conduct a full investigation before pulling the termination trigger. Have a bona fide reason and stick to it.
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Employers Must See Big Picture Around 'De Minimis' Time

December 19, 2012
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There are several traps an employer can fall into with regard to accurately recording the time that an employee actually works.
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Court Reverses Ruling, Says UPS Worker Entitled to Trial on ADA Claim

December 17, 2012
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The complex case of Teresa Watts v. United Parcel Service Inc. has gone to trial three times and been appealed to the 6th U.S. Circuit Court of Appeals in Cincinnati once before, according to the 6th Circuit's latest ruling.
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EEOC Rejects Staffing Company's “Just Following Orders” Defense

December 10, 2012
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If you are a staffing company, consider writing indemnification clauses into your agreements to help insure against liability when the company for whom you are staffing discriminates. Otherwise, there is a good chance that the law will not protect you from your customer's discrimination.
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Civil Rights Commission to Hold Hearing on Impact of Criminal Background Checks on Minorities

November 30, 2012
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Three panels are scheduled at the 9 a.m. to 2 p.m. hearing, which is open to the public. They will feature speakers from government officials and scholars; business and advocacy groups and trade associations.
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Big Lots Settles Sexual Harassment Lawsuit with EEOC for $155,000

November 28, 2012
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The settlement resolves a 2011 lawsuit filed against a Big Lots store in Fort Smith, Arkansas, for allegedly violating Title VII of the Civil Rights Act of 1964 after a store manager sexually harassed a class of female employees.
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When Is Confidential Medical Information Not Confidential?

November 26, 2012
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While this case is a great holding for employers, businesses should still tread carefully when dealing with employee medical information. This area of the law remains risky waters in which companies swim.
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In Compelling Discovery, Court Likens Social Media Account to 'Everything About Me' Folder

November 14, 2012
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Part of the struggle we face in seeking discovery of employees' social media accounts is educating the judges who decide the motions to compel.
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