Michigan News & Analysis

  • Botched interview, not discrimination, was reason UIC employee not promoted

    If you Google "How to Nail an Interview," more than 300,000,000 hits come up. Indeed, the importance of crushing an interview cannot be overstated, as one engineer with a race discrimination claim recently learned.

  • DOL issues final rule on joint employer status under FLSA

    The U.S. Department of Labor (DOL) recently announced the final rule concerning joint employment under the Fair Labor Standards Act (FLSA). The effective date is March 16, 2020.

  • Ohio court: Objectively speaking, fired worker was 'qualified'

    When seeking to establish a prima facie, or minimally sufficient, case of discriminatory discharge, an employee must prove he (1) is a member of a statutorily protected class, (2) was discharged, (3) was qualified for his job, and (4) was replaced by, or his discharge permitted the employer to retain, a substantially younger employee. A recent case from the 10th Appellate District in Franklin County explores the idea of what makes an employee qualified for a given position under that standard of proof.

  • Wisconsin bucks trend, permits employers to ask about salary history

    State and local governments throughout the country have increasingly adopted laws and regulations that prohibit employers from inquiring about a job applicant's salary history during the interview process. Wisconsin has taken the opposite approach by enacting a law that specifically allows employers to ask about a candidate's salary history and prevents local governments from passing laws that prevent such questions by employers.

  • Court cannot comment on Catholic conflict

    Over the past months, we've written about some court decisions applying religious exemptions embodied in federal antidiscrimination statutes. A recent decision by the Illinois Appellate Court illustrates a companion doctrine under state common law.

  • 'But-for' causation still required in all retaliation cases under Ohio law

    A recent decision from an Ohio appellate court highlights the importance of establishing "but-for" causation in retaliation claims.

  • Ready for the future of recruiting? AI in the spotlight

    Some tout the use of artificial intelligence (AI) in hiring as a means of quickly and efficiently screening job applicants and, perhaps more important, removing human bias from hiring. But others point to AI doing just the opposite—actually introducing bias into the process. Regardless of the pros and cons, em-ployers need to realize AI isn't going away and is instead gaining ground in various facets of the work-place.

  • Cutting-Edge HR

    Hiring trends over next decade identified. Recruiting and job review site Glassdoor has mined its worldwide trove of job and hiring data and created a list of eight HR and recruiting trends for 2020 and the coming decade: (1) Artificial intelligence will get a seat in upper management, (2) 2020 will begin a culture-first decade for employers, (3) companies will refresh hiring playbooks ahead of a potential recession, (4) employers will further prioritize diversity and inclusion jobs, (5) recruiters will adapt as 65 and older Baby Boomers become the fastest-growing workforce, (6) more people will find their next job on a mobile device, (7) Brexit will threaten tech hiring in the United Kingdom, and (8) the 2020 election cycle will unleash companies' political side.

  • Federal Watch

    Retaliation tops list of EEOC charges in 2019. Retaliation continued to be the most frequently filed charge considered by the Equal Employment Opportunity Commission (EEOC) in fiscal year 2019, according to enforcement and litigation data released in January. Retaliation accounted for 53.8% of all charges filed. Disability was the next most frequently filed charge (33.4%), followed by race (33.0%), sex (32.4%), age (21.4%), national origin (9.6%), color (4.7%), religion (3.7%), Equal Pay Act (1.5%), and genetic information (0.3%). The percentages add up to more than 100% because some charges allege multiple bases. The EEOC also reported receiving 7,514 sexual harassment charges during fiscal year 2019, a 1.2% decrease from fiscal year 2018. The sexual harassment charges accounted for 10.3% of all charges filed during the fiscal year, which ended September 30, 2019.

  • You might want to give your employee handbook a second look!

    When you sit down to write an employee handbook, you'll probably start by trying to think of all the subjects you need to cover. The obvious ones come easily. Of course, you must tell your employees about how they will get paid, when they will get paid, and all the other rights associated with their pay. Everyone wants you to show them the money!