Category Archives: Hiring and recruitment

Section 503 Hiring Goal for Contractors Effective in March

The U.S. Department of Labor will finalize new Section 503 regulations Sept. 24, according to the Office of the Federal Register. The rules create several new responsibilities for federal contractors and subcontractors, including a mandate that they aim to have…

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EEOC Says FBI Must Reconsider Special Agent With Vision Impairment

The U.S. Department of Justice discriminated against an individual with a disability in its hiring process, in violation of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission has found. EEOC determined that DOJ ran afoul of the…

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Employer Will Pay $50,000 to Settle EEOC’s First GINA Lawsuit

An Oklahoma employer will pay $50,000 to settle the first lawsuit the federal government filed to enforce the Genetic Information Nondiscrimination Act. The case, Civil Case No.: 13-CV-248-CVE-PJC, was filed in the U.S. District Court for the Northern District of…

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Questions and Answers on Reform’s Transitional Reinsurance Fee

Employers are understandably nervous about the transitional reinsurance fee, which health insurers and employer health plans must pay from 2014 through 2016. The fee will be collected by HHS, even though the states will tailor their own risk adjustment programs….

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Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or…

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EEOC’s Confidentiality Requirements Are Too Strict, Court Says

Federal guidance on the Americans with Disabilities Act states that all employee medical information must be kept confidential, but that goes above and beyond what the statute requires, the 7th U.S. Circuit Court of Appeals ruled Nov. 20. Despite what…

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6th Cir. Allows Bus Driver Trainee’s ADA Suit to Continue

To bring a discrimination claim, a trainee with a disability needs only show that she was qualified to participate in the job training; she doesn’t need to prove that she was qualified for prospective job, the 6th U.S. Circuit Court…

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Montana on Obesity: No Underlying Condition Necessary to Prove a Disability

With Daniel Cafaro Montana has joined the obesity debate, determining in a recent case that being severely overweight, even with no underlying medical condition, can be a disability protected by state law. In BNSF Railway Co. v. Feit (No. OP…

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EEOC Clarifies Why Screening Out Applicants Without Diplomas Is Illegal

The Equal Employment Opportunity Commission has clarified when and how screening out job applications without high school diplomas may violate the Americans With Disabilities Act. The commission made clear that such a requirement could violate the ADA in an informal…

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A Stream of Guidance on Shy Bladder Syndrome

What is HR to do when a job applicant or worker claims to have shy bladder syndrome and refuses to urinate in a cup as part of a drug test? Consider testing the worker’s hair or saliva instead, according to…

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