Hiring bias claim is proper despite no formal application

Article Abstract:

A court decision upheld a race discrimination in hiring case brought by the Equal Employment Opportunity Commission (EEOC) against Metal Service Co despite the fact that the two defendants of the case, brothers Willie and Steven Brown, who are black, never directly applied for positions with the company. Under an agreement with the Pennsylvania Job Service, the company had agreed to do all of its hiring through the Job Service, through which Willie and Steven Brown applied for jobs at Metal Service. Neither was hired, but the company hired white employees outside of the Job Service. The case reveals that companies must minimize their exposure to inadvertent racial discrimination by improving the controls over applications. Companies should not accept applications for positions that are not open, strictly define the time periods that the job is open, and return unsolicited applications.

United States. Equal Employment Opportunity Commission, Brown, Willie (American politician), Brown, Steven, Metal Service Co.

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The after-acquired evidence defense: where we stand now

Article Abstract:

'After-acquired evidence' is evidence discovered by an employer during the defense of a wrongful termination lawsuit that would have justified the discharge of an errant employee. Such evidence has been used quite successfully in the past to dismiss employee claims for illegal termination under anti-discrimination laws. Although the courts did not consider as admissible into evidence any belatedly revealed employee misconduct that had no bearing on the termination decision, they permitted such evidence to be used to dismiss discrimination lawsuits. However, the US Supreme Court recently ruled in the 'McKennon v. Nashville Banner Publishing Co.' case that the after-acquired evidence defense can no longer be used to defeat employee claims by employee claims for discrimination discharge. Other legal options available to employers are reviewed.

Laws, regulations and rules, Employee dismissals, Employment terminations, Employment at will, After-acquired evidence (Law), Newly acquired evidence

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Employers must accommodate handicaps and religious needs

Article Abstract:

Various anti-discrimination laws prevent employers from discriminating against handicapped workers or against religious employees. In the Whitlock case, the Department of Labor was forced to reevaluate a former alcoholic worker for his fitness for work, and, if found healthy, to give him a position at the same or a lower grade. If the worker was declared unfit, the department was forced to permit him to seek disability compensation.

Planning, Disabled services, United States. Department of Labor, Vocational rehabilitation

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