Race/Sex/Religion Discrimination  Articles

Employees Must Accept Reasonable Remedies Offered to Cure Sexual Harassment Claims

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            The Court of Appeals for the Eleventh Circuit found an employee’s failure to accept several options proposed by her employer to remedy claims of sexual harassment absolved the employer of all liability. Baldwin v. Blue Cross/Blue Shield of Alabama, 480 F.3d 1287 (11th Cir. 2007).

Accommodating Religious Beliefs

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            A decision recently handed down by the Second Circuit Court of Appeals provides guidance to Connecticut employers facing requests for religious accommodation.  Baker v. The Home Depot,  2006 U.S. App. LEXIS 9891 (2d Cir. April 19, 2006). The court held that an employer violates Title VII if its offer of accommodation fails to fully address the employee’s religious needs, unless it can show that granting the requested accommodation would cause an undue burden.

English Only Rules Must Be Justified by Business Necessity

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            According to EEOC guidelines, an employer may impose an “English only” rule where it is adopted for non-discriminatory reasons, and is justified by business necessity or safety concerns. An employer may not prohibit employees from speaking another language during break periods, or when the language being spoken does not make a difference in job performance. Doing so may be evidence of national origin discrimination.

OFCCP Finalizes Internet Applicant Definition

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      On October 7, 2005 the Office of Federal Contract Compliance Programs (OFCCP) published its final rule regarding job applicants who use the internet or other electronic means when applying for a position. 70 FR 58946.


 

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