- Article Information
- Published on Wednesday, 01 May 2013 05:41
Presrite Corporation, a manufacturing company headquartered in Cleveland that makes gears and other industrial parts, will pay $700,000, offer jobs to no fewer than 40 women, and commit to other injunctive relief to settle a systemic class action lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC's lawsuit charged that the company engaged in widespread discrimination against women who applied to work at one or more of Presrite's three plants in Cleveland and Ashtabula County. According to the EEOC, Presrite - a federal contractor - consistently passed over female applicants in favor of less-qualified males for entry-level positions at all three plants. The EEOC also cited evidence that women who were hired for such positions were harassed. The agency pointed to testimony from a former Presrite employee who testified that her male-coworkers told her women should not be working there; called her a "dumb b----h"; drew degrading pictures of her; and suggested that she open the top of her work uniform to pose for a photograph. The EEOC also charged the company with failing to keep applications and other employee data in violation of federal law. The EEOC alleged that Presrite failed to produce more than a thousand employment applications for persons the company hired and failed to maintain accurate or complete data about applicants. As a result, the EEOC said, it was unable to identify by name all of the female applicants who were unlawfully denied hire. Read More.
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- Published on Wednesday, 27 March 2013 15:51
The U.S. Department of Labor (DOL) has launched a suite of online resources, know as the "Business Center," for employers looking to recruit, train and retain a skilled work force through the department's CareerOneStop website. The website includes tips about how to recruit qualified candidates through local American Job Centers and provides employment projections. Additionally, the website offers access to local training and educational institutions, a catalog of occupational certifications and a tool to help employers translate the military training and skills of returning service members into specific civilian occupations. The CareerOneStop Business Center is available online at http://www.careeronestop.org/business. According to Jane Oates, assistant secretary of labor for employment and housing, "These resources will help educate employers about our nation's work force development system and put the resources they need to find and hire qualified workers right at their fingertips." The new Business Center page builds on existing resources available through CareerOneStop, which also has information to help job seekers find education and training providers, conduct a job search and access local labor market information. Read More.
- Article Information
- Published on Monday, 12 November 2012 17:47
Secretary of Labor Hilda L. Solis released a statement encouraging U.S. employers to commemorate the Veterans Day holiday Monday by making a commitment to hiring veterans She emphasized that, "We've now lowered our unemployment rate for our veterans to 6.3 percent – well below the national average – and brought down the jobless rate for Iraq and Afghanistan veterans by more than two percentage points in the last year alone. We're making progress, but our work will not be done until everyone who has worn the uniform can find civilian jobs worthy of their heroic sacrifice…Through boot camp and pre-deployment training, the U.S. government spends 8-12 weeks preparing our outstanding soldiers, sailors and airmen to serve. Now that we're winding down a decade of war overseas, it's critical that we spend some time preparing these heroes for the transition back to civilian life. Over the next five years, the Department of Labor will help more than 1 million transitioning service members find jobs when they come home. We're helping them with job search strategies and resume writing, and showing them how to market their world-class military training to secure good-paying civilian jobs…Those who fight to protect our freedoms abroad should not have to fight for jobs when they come home. They deserve a chance to use their unique skills to help re-grow our economy. So this Veterans Day, I encourage employers to make the commitment to put our veterans to work for them. It's an act of patriotism that's good for our country and good for their bottom line.” Read More.
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- Published on Monday, 23 July 2012 16:01
Employers often use tests and other selection procedures to screen applicants for hire and employees for promotion. There are many different types of tests and selection procedures, including cognitive tests, personality tests, medical examinations, credit checks, and criminal background checks. Although the use of tests and other selection procedures can be a very effective method for determining which applicants or employees are most qualified for a particular job, employers must exercise caution because these tests and selection tools can violate the anti-discrimination laws if an employer intentionally uses them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older), or if the tests and other selection procedures disproportionately exclude applicants or employees in a particular group by race, sex, or another covered basis, unless the employer can justify the test or procedure under the law.
In a recent case involving the use of pre-employment screening tests, the U.S. Department of Labor's Office of Federal Contract Compliance Programs has entered into a consent decree with Leprino Foods Inc. to resolve charges of discriminatory hiring practices at the company's Lemoore West facility. The OFCCP alleged that Leprino Foods' use of a pre-employment test called WorkKeys to select hires for on-call laborer positions resulted in discrimination against African-American job applicants and applicants of Asian and Hispanic descent.
The OFCCP conducted a scheduled compliance review in which OFCCP investigators held interviews, analyzed company data and reviewed documents provided by the company. Through this review, OFCCP discovered that the administration of the WorkKeys exam allegedly had an adverse impact on minority job applicants for these specific positions. The agency further determined that the exam was not job-related, as it tested applicants’ skills in mathematics, locating information and observation – skills that are not critical to the entry-level tasks performed by on-call laborers, such as inspecting products, monitoring equipment and maintaining sanitation at the facility.
- Article Information
- Published on Tuesday, 26 June 2012 17:18
In a 5-3 decision, the U.S. Supreme Court held that federal law preempts significant portions of Arizona’s immigration law (Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070)). Three of four provisions of the law were invalidated by the Court. One of the provisions made it a violation of state law for an unauthorized worker to apply for work or work in the state of Arizona. Specifically, under section 5(c) of the law it is a misdemeanor for “an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor” in Arizona. Penalties for violations of this section include a $2,500 fine and incarceration for up to six months. In opposing this section, the United States argued that the provision “upsets the balance struck by the Immigration Reform and Control Act of 1986 (IRCA)” and is therefore “preempted as an obstacle to the federal plan of regulation and control.”
Commenting on section 5(c), Justice Kennedy observed that, “Although §5(C) attempts to achieve one of the same goals as federal law—the deterrence of unlawful employment—it involves a conflict in the method of enforcement. The Court has recognized that a “[c]onflict in technique can be fully as disruptive to the system Congress enacted as conflict in overt policy.” Motor Coach Employees v. Lockridge, 403 U. S. 274, 287 (1971). The correct instruction to draw from the text, structure, and history of IRCA is that Congress decided it would be inappropriate to impose criminal penalties on aliens who seek or engage in unauthorized employment. It follows that a state law to the contrary is an obstacle to the regulatory system Congress chose.” Based on this reasoning, the Court struck down section 5(c). Read More.
- Employers Must Avoid Discriminatory Applicant Screening Procedures
- EEOC Issues Updated Guidance on Employer Use of Arrest and Convictions Records
- Employers Must Exercise Caution When Using Employee Selection Tools
- College Sued for Alleged Age Discrimination
- Employers Must Avoid Discriminatory Hiring Practices
- Labor Commission Issues Updated FAQs on Wage Theft Prevention Act
- Pepsi to Pay $3.1 Million for Alleged Race Discrimination Related to Background Checks
- ODEP Signs Alliance Agreement with U.S. Customs and Border Protection
- 10 Steps Employers Should Take To Avoid Immigration-Related Employment Discrimination
- DOL Proposes Hiring Goal of a Workforce Consisting of 7% Disabled for Federal Contractors
- Job Qualification Standard Requiring High School Diploma May Violate ADA
- EEOC Issues Guidance Letter on Use of Criminal History Information in Hiring Process
- Undocumented Worker Cannot Pursue Refusal To Rehire Claim
- EEOC Examines Implications of Workplace Background Checks
- Cavalier Telephone Will Pay $1 Million to Settle Age Discrimination Lawsuit
- Legislation Introduced to Increase Employer Penalties for Hiring Undocumented Workers
- Starbucks Sued by EEOC for Disability Discrimination
- Employers Must Avoid Retaliatory Conduct
- Understanding Pregnancy Discrimination in the Workplace
- Employer to Pay $120,000 For Gender and Disability Discrimination
- 9th Circuit Upholds Employer's One-Strike Rule In Drug Testing Case
- EEOC Conducts Hearing on Treatment of Unemployed Job Applicants
- DOL Sues Wholesale Food Distributor For Gender Discrimination
- Iowa Jury Finds Hotel Unlawfully Fired 'Tomboy' Worker
- Court Rules In Favor Of Employer On Disability Discrimination Issue
- DOL Settles Hiring Discrimination Case
- EEOC Will Hold Public Meeting On An Employer's Use Of Credit Checks