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Discrimination and EEOC Compliance

Disparate Impact Versus Disparate Treatment

Employers are advised that once a selection system is in place, it should be followed in the absence of evidence that the process violates the disparate-impact provisions of Title VII. Employers should consider adopting a fair system for awarding promotions, ensure the process is job-related and defensible, and evaluate alternative methods based on appropriateness and the impact on protected groups.
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Staffing Firm Ordered to Pay $250,000 in Bias Lawsuit

July 10, 2009
North Carolina-based Preferred Labor restricted women to only certain work assignments and accepted discriminatory requests from customers to send only male workers at its location in Worcester Massachusetts, according to the EEOC.
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Supreme Court Rules for White Firefighters on Job-Test Case

June 29, 2009
Justices rule that New Haven, Connecticut, couldn’t justify throwing out the results of employment tests that would have promoted only white firefighters. The decision is sure to have an impact on the private sector, where employment tests are increasingly popular.
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Pregnancy Case Demonstrates Supreme Court’s Unpredictability

June 22, 2009
The Supreme Court recently side-stepped its first chance to apply a pay discrimination law that Congress approved in reaction to a previous ruling. The decision shows how unpredictable the panel can be on employment law and why it is difficult to project how Sonia Sotomayor may change the court’s approach if she is confirmed.
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