Title VII

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    There is an ongoing debate about whether employment decisions should be based on objective or subjective factors. Some advocate for the exclusive consideration of objective criteria. These decisions are based on verifiable information or empirical data. Comparisons are made by reviewing mathematically quantifiable information. The consideration of...
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    For a number of years, going back at least to the 1960s, the conventional wisdom about the U.S. 4th Circuit Court of Appeals (whose rulings apply to South Carolina employers) was that its decisions in employment cases tended to be mostly conservative and favor employers, according to some observers. Despite its "business- friendly" reputation,...
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    Employers covered under the federal antidiscrimination laws have to deal with either their local or state discrimination agency and the Equal Employment Opportunity Commission (EEOC) when a charge of discrimination is filed against them. While those interactions are often seamless and conflict-free, they sometimes take a different path. The 4th...
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    As we noted in last month's newsletter, 2014 continues to be an active year for employment legislation in the Delaware General Assembly. (See "Dealing with Dover" on pg. 1.) The General Assembly has proposed a spate of new laws. Some of the bills would be beneficial to employers, while others would be problematic. Here are some emerging issues for...
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    Most employers have policies prohibiting harassment. If your supervisors and employees are not trained on your policies and harassment occurs, your organization could face significant liability. Bailiff alleges sexual harassment by supervisor Camille Kramer was employed as a jailor and bailiff by the Wasatch County (Utah) Sheriff's Department...
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    Q We provide income tax audit representation, so we have access to our clients' private and financial information. Can we still ask about criminal convictions on our job applications? We don't care about things like DUIs, but we would care about fraud, theft, and embezzlement. A Yes, you can ask about criminal convictions on job applications or...
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    Agencies offer information on use of background checks. The Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) have copublished two documents explaining how the agencies' respective laws apply to background checks performed for employment purposes. The agencies emphasize that employers need written permission...
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    Agencies offer information on use of background checks. The Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) have copublished two documents explaining how the agencies' respective laws apply to background checks performed for employment purposes. The agencies emphasize that employers need written permission...
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    Agencies offer information on use of background checks. The Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) have copublished two documents explaining how the agencies' respective laws apply to background checks performed for employment purposes. The agencies emphasize that employers need written permission...
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    Agencies offer information on use of background checks. The Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) have copublished two documents explaining how the agencies' respective laws apply to background checks performed for employment purposes. The agencies emphasize that employers need written permission...
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