Trends in discrimination claims
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Federal and state laws govern employment discrimination and protect various groups. In 2011, over 99,000 discrimination charges were filed with the EEOC, primarily for race, sex, disability and age discrimination. The costs of settling class action discrimination lawsuits has increased dramatically, with the top 10 settlements in 2010 totaling over $346 million. Both the ADA Amendments Act and the Genetic Information Non-Discrimination Act were passed to broaden protections, with the latter prohibiting the use of genetic information in employment decisions. Individual states also have their own discrimination laws that may provide additional protected classes or differ in procedures and interpretations compared to federal law.
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-- Understand your options now that a federal judge has temporarily blocked the new wage & hour/overtime law from taking effect on December 1, 2016
-- Find out how new Form I-9 and Ban the Box employment legislation will affect your current hiring processes
-- See how technology can help you ensure 100% screening and hiring compliance across all of your locations
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Even first offense mistakes on an employment verification form can cost you anywhere from $178 to $4,313 per violation … not to mention the brand damage, loss of workforce and increase in operating costs that come along with it.
Check out our “Ready for the New Form I-9?” webinar presentation, featuring our Form I-9 subject matter expert with U.S. Citizenship and Immigration Services, Dave Basham, to:
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2011 EEO Trends
2010 continued a three-year trend of record breaking EEOC charges, with 2010 charges the highest in the Commission’s 45-year history. Our challenging economy, increasingly diverse workforce, new EEO laws and recent court decisions are fueling this steady growth. Keeping up on the trends is critical to protecting your workplace, and sustaining a culture of respect and inclusion
What does this mean for employers? Enhanced anti-discrimination efforts are mission critical. Effective cultural change, behavioral change, and risk management require innovative and integrated anti-discrimination programs. Now, more than ever, reviewing and refining your organization’s EEO compliance programs is essential.
Training In Turbulent Times July 2009
David N. Goldman presented on compliance training in turbulent economic times. He discussed how the poor economy increases employment law risks as unemployment rises and EEOC filings increase. Key developments include the Lilly Ledbetter Act, ADA amendments, and potential legislation like ENDA and EFCA. Training is important to establish defenses, mandated in some states, and reduces costs from lawsuits. Training must cover harassment, discrimination, and new laws to fully protect organizations.
Chapter 6 - Applicant Screening and Employee Socialization.docx
Chapter 6 - Applicant Screening and Employee Socialization
Security and Loss Prevention: An Introduction, 5th Edition
by Philip P. Purpura
Butterworth-Heinemann © 2008 Citation
Employment Law
Government regulation affects the balance and working relationship between employers and employees in
three major areas: (1) the prohibition of employment discrimination; (2) the promotion of a safe and healthy
workplace; and (3) fair negotiation between management and labor concerning terms of employment
(Mann and Roberts, 2001: 858). Here we begin with major federal laws prohibiting employment
discrimination, followed by applicant screening methods. The laws on workplace safety and labor are
covered in other chapters.
It is important to note that beyond the federal law emphasized here, and executive orders of presidents,
are state and municipal laws that exceed federal legal requirements and state court decisions that interpret
state laws. For instance, several states consider sexual orientation a "protected class." Also, many
corporations have policies to protect employees on the basis of sexual orientation (DeCenzo and Robbins,
2005: 62).
Federal Legislation
◾ Equal Pay Act of 1963: This legislation requires that men and women be paid equally if they
work at the same location at similar jobs. Exceptions include a seniority or merit system and
earnings through quantity or quality of production. The act is enforced by the Equal
Employment Opportunity Commission (EEOC).
◾ Civil Rights Act of 1964, Title VII: This law prohibits employment discrimination based on
race, color, religion, gender, or national origin. Title VII prohibits discrimination with regard to
any employment condition, including recruiting, screening, hiring, training, compensating,
evaluating, promoting, disciplining, and firing. It also prohibits retaliation against an individual
who files a charge of discrimination. The law impacts both public and private sectors. Title VII
requires that organizations go beyond discontinuing discriminatory practices and gives
preferences to minority group members in employment decisions; this is referred to as
affirmative action. Congress established the EEOC to enforce Title VII.
◾ Age Discrimination in Employment Act of 1967: The ADEA prohibits employment
discrimination on the basis of age in areas such as hiring, firing, and compensating. It applies
to private employers with 20 or more employees and all government units. This law protects
employees between 40 and 65 years of age, but in 1978 the law was amended to afford
protection to age 70, and then in 1986 the law was amended again to eliminate the upper age
limit. Mandatory retirement is prohibited, absent a suitable defense. The act is enforced by
the EEOC.
◾ Equal Employment Opportunity Act of 1972: The purpose of this federal law (EEO) is to
strengthen Title VII by providing the EEOC with additional enforcement powers to file suits
and issue cease-and- ...
Sweeping Reform
Healthcare providers face substantial legal challenges under the Affordable Care Act, which has led to sweeping healthcare reforms and a demand for healthcare law specialists. This has made healthcare law one of the fastest growing legal practices in the US. Care providers must now manage legal implications of electronic health records, payment based on outcomes, and issues arising from specialized treatment and industry consolidation. These factors contribute to increasing litigation around fraud, insurance payments, and more.
AICP slides
This document summarizes disability income hot topics including recent state legislative and regulatory activity as well as notable litigation. It discusses states that prohibit or restrict the use of discretionary authority clauses in disability policies. It also outlines new filing requirements in several states and notes other topics of interest like the potential impacts of health care reform on disability insurance. Recent federal court cases addressing issues like claim denials, overpayment recovery, and the interpretation of plan language are also summarized.
Promoting Quality Care Legislations
The Equality Act 2010 consolidates and streamlines various pieces of anti-discrimination legislation into a single act. It aims to protect individuals from discrimination on the basis of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Act prohibits discrimination in employment, education, access to goods and services, housing, and transport. However, discrimination still exists in practice due to factors like stereotypes in media and education as well as difficulties enforcing the law.
012512 EEOC PRESS Release (PRIVATE Sector BIAS At All-Time HIGH)
The EEOC received a record number of discrimination charges in fiscal year 2011 at 99,947. Despite this record high number of charges, the EEOC resolved more charges than it received for the first time in 10 years, reducing its pending inventory by 10%. The EEOC also obtained a record $455.6 million in relief through litigation and settlements. Retaliation and race discrimination remained the most common types of charges filed.
Page 1 of 4 Employment Law ©2011 Argosy University Onlin.docx
Page 1 of 4
Employment Law
©2011 Argosy University Online Programs
Equal Employment Opportunity Commission (EEOC) Claim
Note: The following EEOC claim was filed by Emilio Garcia, a candidate you interviewed for a clerical
position.
� Page 2 of 4
Employment Law
©2011 Argosy University Online Programs
2 Equal Employment Opportunity Commission (EEOC) Claim
EEOC FORM 131
(11/09)
U.S Equal Employment Opportunity Commission
Compliance Officer, HR Department
BETA TECHNOLOGY
PERSON FILING CHARGE
Emilio Garcia
THIS PERSON (check one or both)
Claims To Be Aggrieved
Is Filing on Behalf of Other(s)
NOTICE OF CHARGE OF DISCRIMINATION
(see the enclosed for additional information)
This is a notice that a charge of employment discrimination has been filed against your organization
under:
Title VII of the Civil Rights Act (Title VII) The Equal Pay Act (EPA) The Americans with
Disabilities ACT (ADA)
The Age Discrimination in Employment Act (ADEA) The Genetic Information
Nondiscrimination Act (GINA)
The boxes checked below apply to our handling of this charge:
1. No action is required by you at this time.
2. Please call the EEOC Representative listed below concerning the further handling of
this charge.
3. Please provide a statement of your position on the issues covered by this charge, with
copies of any supporting documentation to the EEOC Representative listed below. Your
response will be placed in the file and considered as we investigate the charge. A prompt
response to this request will make it easier to conclude our investigation.
4. Please respond fully to the enclosed request for information and send your response
to the EEOC Representative listed below. Your response will be placed in the file and
considered as we investigate the charge. A prompt response to this request will make it
easier to conclude our investigation.
5. EEOC has a Mediation program that gives parties an opportunity to resolve the issues
of a charge without extensive investigation or expenditure of resources. If you would like
to participate, please respond within 30 days of receipt of this notice. If you DO NOT wish
to try Mediation, you must respond to any request(s) made above by the dates specified
there.
For further inquiry on this matter, please use the charge number shown above. Your position
statement, your response to our request for information, or any inquiry you may have should be
directed to:
Norma Christiansen,
Investigator
Centervale District Office
EEOC Representative
Enclosure(s): Copy of Charge
CIRCUMSTANCES OF ALLEGED
DISCRIMINATION
Race Color Sex Religion National Origin Age Disability Retaliation
Genetic Information Other
� Page 3 of 4
Employment Law
©2011 Argosy University Online Programs
3.
Jack C. Career project 8th grade Cavanaugh
The document discusses changes to equal employment rights since the passage of laws protecting employees from workplace discrimination based on attributes such as race, gender and religion. Statistics show discrimination complaints decreased until 2000 but have risen since, and monetary settlements have increased to $72.1 million in 2009, indicating more work is still needed to ensure fair hiring practices. The Equal Employment Act helped minorities facing discrimination obtain jobs and stay out of poverty and crime.
New laws impacting the judiciary
Over 200 new laws went into effect on January 1st. Some of them directly impact judicial proceedings and the people who interact with the court system.
2008 12 08 2008 Privacy
A general talk on privacy in early 2009, with quite a few slides summarizing the US National Research Council\'s report "Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Program Assessment" that was issued in late 2008
Critical Broadband Policy Issues: National & MN
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Federal policy – The Universal Service Reform Discussion: Who is lining up where and why?
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Legal Online Services
This document discusses regulation and competition in the US legal services industry. It notes that each US state separately licenses attorneys. Historically this was to ensure attorneys know the specific state's laws. The document examines various state regulations on attorney advertising, such as restrictions on quality claims, comparative ads, testimonials, and past successes. It argues that overly broad restrictions can inhibit competition and consumer choice, and that truthful, non-deceptive ads help consumers make informed decisions. The document concludes that advertising benefits consumers by helping them locate appropriate legal help and lowering prices.
Legal Online Services
The document discusses regulation and competition in the US legal services industry. It notes that each state separately licenses attorneys, and historically this was to ensure attorneys know the relevant state laws. It then summarizes various restrictions states have placed on attorney advertising, such as limiting comparisons to other lawyers, testimonials, or depictions in ads. The document argues that overly broad restrictions can inhibit competition and limit consumer choice, and that advertising generally benefits consumers by providing information and lowering prices. It also discusses debates around letting non-lawyers provide some legal services, noting this could lower costs but states aim to ensure only lawyers provide services requiring legal expertise.
C:\Fakepath\Mgmt231 1002 B 01 Ip 1 Tina Houser
This document summarizes several key federal employment laws in the United States. It outlines laws such as Title VII of the Civil Rights Act of 1964 which prohibits discrimination based on race, color, religion, sex and national origin. It also discusses the Americans with Disabilities Act which prohibits discrimination against individuals with disabilities. Finally, it briefly outlines other laws such as the Age Discrimination in Employment Act of 1967, the Immigration Reform and Control Act of 1986, and the Fair Labor Standards Act which set minimum wage and overtime standards. The document emphasizes the importance for employers to understand and comply with these employment non-discrimination laws.
Loss Prevention Seminar 3.10.09
Tuesday March 10, 2009 12:00PM Presentation presented by:
Matthew A. Steinberg & Richard Greenberg attorneys with the New York Office of Jackson Lewis LLP.
Abc 2010 state-legislative-handbook
The document provides an overview of state legislative activities in 2009 related to issues that affect the construction industry. Some key points:
- State budgets faced large deficits as revenues declined, which will dominate 2010 legislative sessions.
- 38 states considered legislation related to the proposed Employee Free Choice Act. Five states and two chambers passed measures opposing it.
- Only three states passed bills on hiring undocumented workers, with most states less active on immigration in 2009.
- 36 states debated independent contractor classification issues due to concerns about misclassification and ensuring worker protections.
- Organized labor pushed to expand prevailing wage laws but were defeated in Iowa and Colorado. New Mexico tied rates to union contracts.
- 16 states debated project labor agreement
Abc 2010 state-legislative-handbook
The document provides an overview of state legislative activities in 2009 related to issues that affect the construction industry. Some key points:
- State budgets faced large deficits as revenues declined, which will dominate 2010 legislative sessions.
- 38 states considered legislation related to the proposed Employee Free Choice Act. Five states and two chambers passed measures opposing it.
- Only three states passed bills on hiring undocumented workers, with most states less active on immigration in 2009.
- 36 states examined independent contractor classifications and their tax implications. Several tightened requirements.
- Organized labor pushed to expand prevailing wage laws but were blocked in Iowa and Colorado. New Mexico tied rates to union contracts.
- 16 states debated project labor agreement issues, with
Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, H
Chapter 2
2 THE LAW AND TALENT MANAGEMENT
Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
Every public opinion poll based on representative national samples drawn between 1950 and the present shows that a majority of Americans—black, brown, and white—support EEO and reject differential treatment based on race, regardless of its alleged purposes or results. There is agreement about the ends to be achieved, but there is disagreement about the means to be used (Von Drehle, 2003). EEO has been, and is still, an emotionally charged issue. Congress has provided sound legal bases for effecting changes in EEO through sweeping civil rights legislation. Subsequently, thousan ...
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2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
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Trends in discrimination claims
- 1. Trends In EEO and Discrimination