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Discrimination and EEOC Compliance

Sex Harassment Law Not ‘Civility Code’

May 16, 2006
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Bawdy banter of TV writers doesn’t constitute harassment or discrimination, court rules. However, employers should still proceed with caution in these matters.
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Transsexual's Sex Bias Claim Allowed

April 28, 2006
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An employee of Axcan Scandipharm, was diagnosed with a gender identity disorder. After Mitchell was approved as a pre-operative transsexual and a candidate for sex reassignment surgery and “began to present in public as a female.” Mitchell alleged that he was then subjected to harassment on the job at Axcan
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Proof of Superior Qualifications

April 12, 2006
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Having better qualifications is often considered a legitimate, nondiscriminatory reason for hiring or promoting one applicant or candidate over another. But what if the applicant or candidate who is not selected claims employment discrimination?
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Courts Approve Retaliatory Harassment Claim

March 23, 2006
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As a result of the ruling employers are advised to review and update anti-harassment polices to ensure that retaliatory acts are grounds for termination and, when specific complaints are lodged, be alert for retaliatory harassment.
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No Sex Harassment, But Possible Retaliation

March 3, 2006
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This court case throws out a claim of sexual harassment, but allows a claim for retaliation to proceed. Employers should be aware that retaliation claims can be more difficult to resolve than the initial claim.
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NRLB's Kirsanow Vows to Address Cases Objectively

February 16, 2006
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National Labor Relations Board commissioner Peter Kirsanow vows to view cases objectively. A controversial presidential recess appointee to the NRLB, a former employment Kirsanow has rankled union leaders with his stands on union organizing rules, opposition to minimum wage laws, affirmative action and alleged statements on race.
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English-Only Rule Questioned

February 16, 2006
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Courts and enforcement agencies strictly scrutinize English-only polices. Consideration must be given to whether English-only policies encompass business-only conversations and do not create a hostile work environment.
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RICO Lawsuits Show Need to Eye Recruiters

February 16, 2006
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Zinkle Fruit Co. paid $1.3 million to settle a lawsuit filed by a group of legal workers accusing the grower of depressing wages, which is illegal under RICO laws, by hiring illegal immigrants. The fine marks the first time that legal workers will receive damages for wage depression attributed to hiring illegal immigrants.
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Court Ruling That Employer's Integrity Test Violated ADA Could Open Door to Litigation

September 1, 2005
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Companies are urged to make sure they can show that such screenings relate to a job's requirements.
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An Unfair Play Against Bias

June 24, 2005
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According to the author, employers who take part in unlawful employment practices should be held accountable. But it offends his sense of fair play when employers are tricked by actors into making bad decisions.
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