Posts Tagged ‘employment discrimination’

Best practices for Oklahoma employers when inquiring about criminal histories

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record. Many states, counties and cities have enacted “Ban the Box” legislation, but it’s certainly not the law in all jurisdictions. And the…

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Employer successfully fights EEOC subpoena

Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request documents, and the employer voluntarily complies. Other times, the EEOC will request too much information, and the employer refuses to comply. The EEOC…

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Must be qualified to apply

When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must establish the individual did not meet requirements that were explained, essential to the position, and uniformly applied to all candidates. Truck driver successfully battles cancer Mark…

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Female deputy’s different treatment poses problem for sheriff

For many years, law enforcement was a male-dominated profession. Recently, police and sheriff departments have made strides to increase the number of female officers. All employers must ensure they are treating male and female employees the same when it comes to terms and conditions of employment. The sheriff of Canadian County, Oklahoma, received a recent…

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Keys to crafting an effective response to an EEOC discrimination charge

Once the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from a current or former employee, the Commission begins gathering information about their allegations of discriminatory treatment. That process includes requesting the employer to provide relevant documents. Additionally, the EEOC typically asks the employer to submit its statement of position setting out its response…

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What employers need to know about transgender discrimination

Recent developments in the area of transgender rights should put employers on notice that government agencies are serious about eliminating this type of discrimination. DOJ steps in to sue university in Oklahoma Typically the Equal Employment Opportunity Commission (EEOC) is the entity charged with enforcing federal employment laws. This past March, the Department of Justice…

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Disabilities that pose a ‘direct threat’ in the workplace

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position. However, the ADA recognizes a “direct threat” defense for employers who have been sued for disability discrimination. A “direct threat” involves a “significant risk of…

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Despite settlement, EEOC continues and expands discrimination investigation

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment practices has been well-publicized, and there are no signs that those efforts will be eased anytime soon. But the increase in such investigations has…

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EEOC: Trolling for plaintiffs

It’s no secret to employers that the Equal Employment Opportunity Commission has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s treatment of Case New Holland, Inc. takes “pushing the envelope” to a new level. To make matters worse, a federal court has OK’d the EEOC’s…

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