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Discrimination and EEOC Compliance

Employee Testing After Ricci: What to Do Now

September 2, 2009
Employers who learn that a test or other selection device has a discriminatory impact on some employees now find themselves between a rock and a hard place. Using the test may lead to one kind of discrimination claim, while discarding the test may lead to another. That makes it more important than ever that employers think through the possible issues before using any test or selection device in making employment decisions.
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EEOC Discrimination Suit Against Boeing Can Proceed

August 21, 2009
The Equal Employment Opportunity Commission can proceed in a case it filed on behalf of two women who claim they were terminated after reduction-in-force assessments at the Boeing Co. because of sex discrimination, a federal appeals court rules.
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Age as 'But-For' Cause Under ADEA

Unlike Title VII of the Civil Rights Act of 1964, the ADEA does not provide that a plaintiff may establish discrimination by showing that age was simply a motivating factor. Under Gross, an employer does not have to prove that it would have made the same decision regardless of age, even if the employee produces some evidence that age may have been a contributing factor in the decision.
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