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From the category archives:


Supreme Court Upholds Ministerial Exception

January 12, 2012

This decision does not have the impact of the Pepsi case I posted, as the ministerial exception is pretty limited, but an important decision nevertheless. The Supreme Court has upheld what is referred to as the Ministerial Exception. The Ministerial Exception shields religious organizations from discrimination lawsuits. According to Reuters: The Supreme Court ruled on […]

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Pepsi Pays $3.1M in Bias Case Invovling Criminal Background Checks

January 11, 2012

According to the Associate Press – Pepsi Beverages Co. will pay $3.1 million to settle federal charges of race discrimination for using criminal background checks to screen out job applicants â even if they weren't convicted of a crime. Probably not unexpected, reinforcing the idea that screening should be job related; of course, from a […]

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Keeping Up With Legal Developments in Employment Law and Selection

April 26, 2011

This is a wonderful way to keep up with legal and other research in personnel selection – the Blog from Bryan Baldwin. You can find it at: I also mentioned PTC MW as a great way to keep up with recent developments, since they are in the DC area. Here is there link. If […]

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Do Not Retaliate Against Employees Exercising Their Rights

February 25, 2011

Managers have a relatively easy time understanding most aspects of equal employment law, with two possible exceptions. Those exceptions are “do not discriminate based on age” and “no retaliation.”  Human nature tells us to strike back when we think some one is lying about us or threatening our pocketbook or job. However, the law protects […]

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Employees Can Discuss Work Related Issues on Facebook

February 24, 2011

I have written a number of blogs on cybervetting and social media. One important case involved an ambulance company, American Medical Response of Connecticut that had fired an employee, Dawnmarie Souza, for criticizing the company on Facebook. The National Labor Relations Board argues that employers are in violation of the law when they fire workers […]

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No Visible Cracks, Front or Back.

February 23, 2011

I have to admit – I wrote a blog because I liked the title. Dress codes for employees are always a problem. Although employers can specify appropriate dress, rules about dress may expose employers to legal challenges and public relations disasters. Each new generation brings with it new styles of dress that clash with the […]

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Is Discrimination Against the Unemployed Illegal?

February 22, 2011

Can a company screen applicants based on their current employment status? It looks like the EEOC would say “NO.” Most likely, the use of current employment as a screen would have adverse impact against minorities and prove difficult to validate. The EEOC recently heard hearings on the matter. You can find a summary here.

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Reporting Adverse Impact – a Report

November 12, 2010

The Center for Corporate Equality has released its TAC paper on best practices and guidance on reporting adverse impact. It is an excellent resource. I disagree only in that I believe the guidance is too technical and mathematical in nature, in doing so it fails to consider the psychological questions or underlying hypotheses. Still, it […]

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Online Vetting

November 11, 2010

The World of Online Vetting is heating up. Consider for example the recent court case involving a firing and Facebook postings. The National Labor Relations Board said a company fired an employee illegally after she criticized her supervisor on Facebook. A description of the case can be found at the New York Times. In addition, […]

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Beer and Age Bias

March 4, 2010

One of my graduate students sent me this news item. It deals with an 85 year old woman who filed an age discrimination lawsuit when she was replaced by a 75 year old.

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