EEOC cracks down on background check-related job bias claims (access required)

Published: August 13, 2010
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The Equal Employment Opportunity Commission is stepping up scrutiny of hiring policies - including the use of criminal background and credit checks - that can have a negative impact on members of minority groups.

Federal standard doesn’t apply to state retaliation suit (access required)

Published: July 16, 2010
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The burden-shifting framework applicable to federal employment discrimination claims does not apply to a retaliation lawsuit brought under state law, the 7th Circuit has ruled in affirming a summary judgment for the employer.

Ruling renews debate over arbitration fairness (access required)

By Kimberly Atkins - Published: June 25, 2010
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WASHINGTON - A ruling from the U.S. Supreme Court that the enforceability of an employment arbitration agreement was for an arbitrator to decide - even though the employee claimed the agreement was unconscionable - has drawn the ire of lawyers and lawmakers opposed to mandatory arbitration.

Employer can compel arbitration in bias suit (access required)

Published: June 21, 2010
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A court may decide the enforceability of an arbitration clause within an employment contract under the Federal Arbitration Act, but a challenge to the enforceability of the agreement as a whole is for the arbitrator to decide, the U.S. Supreme Court has ruled.

ARBITRATION (access required)

Published: June 21, 2010
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Under the Federal Arbitration Act, a claim that an employment contract with an arbitration clause is unconscionable is for an arbitrator, not a court, to decide.

See “Employer can compel arbitration in bias suit

U.S. Supreme Court. Rent-A-Center, West v. Jackson, No. 09-497.  June 21, 2010. Lawyers USA No. 993-2024.

Employer waived right to arbitration (access required)

Published: June 16, 2010
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An employer waived the right to rely on an arbitration agreement by proceeding with litigation for over a year, the 3rd Circuit has ruled.

Study: Most job bias plaintiffs lose or recover little (access required)

Published: June 11, 2010
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WASHINGTON - Plaintiffs bringing employment discrimination claims often receive modest settlements, if anything at all, according to a new report by the American Bar Foundation.

Title VII plaintiffs not required to exhaust remedies (access required)

Published: June 3, 2010
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Two race discrimination plaintiffs were not required to individually exhaust their administrative remedies because their claims were joined with another similarly situated plaintiff who had fully litigated her claim before the Equal Employment Opportunity Commission, the D.C. Circuit has ruled in reversing a dismissal.

Disparate impact case creates more confusion (access required)

By Kimberly Atkins - Published: May 26, 2010
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Some employment attorneys say the Supreme Court’s Lewis v. Chicago opinion makes it even harder for employers to know how to test job applicants without opening themselves up to employment discrimination liability.

Plaintiff can bring bias claim without prior challenge (access required)

Published: May 24, 2010
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A plaintiff who did not file a timely charge challenging the adoption of an employment practice may still assert a disparate impact claim challenging the application of that practice as long as he can make a prima facie disparate impact case, the U.S. Supreme Court has ruled.

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