INFORMATION

Site Map - Hiring \ Employment Issues

Investigations

- An employee fired after filing a sexual harassment claim cannot sue her employer, ruled a federal appeals court, because the employer responded to her claims and tried to remedy the situation.

Discrimination

- Guidelines for how employers can avoid falling foul of rules against family responsibility discrimination (such as when a worker needs leave to care for an ailing parent) are now available from the EEOC.

Tips on Reaching Consensus

- Building consensus by first recognizing, then addressing, disruptive behavior.

Facing Fear of Organizational Change

- Organizational change can be frightening; management can use these four processes to help staff adapt.

Washington - Consumer Reports

- It has become more difficult for employers in Washington state to access an applicant's credit report to make hiring or promotion decisions. Under a new law (formerly S.B. 5774), employers can only obtain credit reports if the information is substantially related to the person's current or potential job - or if it is required by another law.

Genetic Discrimination

- The bill (H.R. 493) would prohibit discrimination based on genetic information has been approved by the House of Representatives. The Senate has agreed to consider the measure and has also released a report on the proposed legislation.

Sexual Discrimination

- A woman can seek a sexual discrimination claim against her employer says a federal appeals court, even though the position she sought was not filled by a male employer, but eliminated.

Background Screening

- Six DHS background screening programs are examined by the GAO and found to be duplicative of one another, resulting in widespread redundancies and other inefficiencies.

Hostile Workplace

- Accidentally seeing pornography viewed by colleagues is not sufficient for a hostile workplace claim ruled a federal appeals court. However, the court determined the woman could pursue a claim based on the overall environment in which women were continually denigrated, called names, and placed in sexual situations.

Retaliation

- Louis Cioffi worked as a part-time social studies teacher and athletic director for the Averill Park Central School District from 1981 to 1999. In June 1999, the school district promoted Cioffi to full-time athletic director. In his new position, Cioffi supervised Kevin Earl, the district's football coach. Over the three years Cioffi supervised Earl, he consistently complained about Earl's teaching methods. In early 2001, a parent complained about disturbing events that occurred in the boys football locker room, including the hazing and sexual assault of younger players by older students. The school district took steps to address the situation, including changing the policy of supervision in the locker room. However, the school failed to relate the hazing incidents to the other parents of the students who had been assaulted. The court noted that sexual assaults in a high school and the possible cover-up by school administrators are certainly within the scope of public interest. Further, while the school board planned to eliminate Cioffi's position before his press conference, the official decision was not made until after the press conference, making the retaliation claim valid. (Cioffi v. Averill Park Central School District, U.S. Court of Appeals for the Second Circuit, No. 04-5593-cv, 2006)

Background Screening

- The Nuclear Regulatory Commission (NRC) has issued a final rule requiring that those who have access to nuclear safeguards information - defined as sensitive, unclassified, security-related data - be fingerprinted and undergo an FBI criminal records check. Under the rule, those who have completed a background check within the past five years or who have an active security clearance need not be rescreened at this time. The fingerprinting requirement is required under the Energy Policy Act of 2005, and is effective immediately. The NRC is currently working on a more comprehensive rule addressing the other issues set out in the act. The upcoming rule will address issues such as security precautions to preserve the integrity of safeguard information and how often employees must be rescreened. Read the rule.

Background Screening

- The Texas Legislature has introduced a bill (S.B. 21) that would require owners, directors, and operators of daycare centers to submit their fingerprints for an FBI background check. Before being hired to work at a daycare center, all prospective employees must also undergo background checks. Employees may not work at the center until the check has been completed.

Religious Discrimination

- An appellate court has upheld a lower court ruling in which a company that allowed an employee to keep religious material posted in her cubicle was not liable for religious discrimination.
 




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