Bias In the Friendly Skies

May 15, 2011 - by: Diversity Insight 0 COMMENTS

Many employers have had more than their fair share of discrimination allegations. Continental Airlines was accused of race, color, national origin, religious, and disability discrimination in one lawsuit. Let’s take a look at how it did more than its fair share of trying to work with the employee before eventually terminating him.

Losing Control

Meet Alfred Toronka, a black airline employee from Sierra Leone and a Seventh-day Adventist who also expressed a belief in voodoo. He was hired by Continental Airlines in 1997 to work as a material specialist in its technical operations department; driving was one of his essential job functions. He was terminated in 2008. read more…

More Working Women Than Men Have College Degrees

May 15, 2011 - by: Diversity Insight 0 COMMENTS

According to a report released by the U.S. Census Bureau,  37 percent of working women and 35 percent of working men had attained a bachelor’s degree or more as of 2010.  However, when looking at all adults 25 and older, the report showed that  29.6 percent of women and 30.3 percent of men had at least a bachelor’s degree.

The report uses tabulations from the Educational Attainment in the United States: 2010 to “not only examine gender differences in attainment but also provide the most detailed information on years of school completed ever presented by the Census Bureau.” Here are some more facts from the report: read more…

Categories: Just the Facts

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Boomers (and Their Employers) Face Work/Life Challenges

April 17, 2011 - by: Diversity Insight 0 COMMENTS

Modern medicine continues to increase life spans in the United States. Just as an example, the death rate for heart disease has dropped 60 percent in the last 50 years. The death rate for stroke has dropped even more, by 70 percent. And deaths from cancer have decreased 10 percent just in the last 15 years.

That all means that more people are living well into their 80s and even 90s. One consequence of that fact is that baby boomers — defined as anyone born between 1946 and 1964 — are increasingly likely to face the prospect of caring for their elderly parents. It’s the new “work/life balance” — rather than balancing work with the need to care for their young children, many are struggling to balance the demands of the workplace with the need to care for their ailing parents.

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High Salary + RIF = Age Discrimination Claim

April 17, 2011 - by: Diversity Insight 0 COMMENTS

By Robert P. Tinnin, Jr.

Q As a result of the economic downturn, we must lay off approximately half of our workforce. In considering whom we should select, it occurs to me that we could save the most money by laying off higher-salaried, nonmanagement employees. However, our higher-salaried employees tend to have the most seniority and therefore are among the older employees in our workforce. Do we have a problem if we use this strategy?

Free HRHero White Paper: Downsizing: Getting It Right from Termination to Engaging the Survivors

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Requiring a “Young and Vigorous Workforce” Isn’t Always a Violation of the ADEA

April 17, 2011 - by: Diversity Insight 0 COMMENTS

Law enforcement officers fall into a different category where age discrimination is concerned. Age actually is a reason to deny hiring a police officer.

Facts

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Categories: Legal News

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May 2011: Older Americans Month

April 17, 2011 - by: Diversity Insight 0 COMMENTS

In 1963, President John F. Kennedy designated May as Senior Citizens Month, encouraging the nation to pay tribute in some way to older people across the country. In 1980, a proclamation by President Jimmy Carter changed the name to Older Americans Month, a time to celebrate those 65 and older through ceremonies, events, and public recognition. Here are some facts about Americans 65 and older from the U.S. Census Bureau:

  • On July 1, 2009, this age group accounted for 13 percent of the total population.

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Transgendered Employees in the Workplace

March 20, 2011 - by: Diversity Insight 1 COMMENTS

By Susan G. Fentin

According to a report published in February by the National Gay and Lesbian Task Force and the National Center for Transgender Equality, transgendered workers are twice as likely to be unemployed and experience a high degree of harassment or other workplace mistreatment. The report, Injustice at Every Turn: A Report of the National Transgender Discrimination Survey, details the responses of more than 6,000 individuals who either are in the process of transitioning from one gender to another or for whom gender nonconformity is a part of their identity. The respondents reported adverse job actions, failure to hire, denial of promotions, harassment, and mistreatment at work, by both supervisors and coworkers.

Federal Protections for Transgendered Employees

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Employers Seeking Savings Can’t Afford Age Claims

March 20, 2011 - by: Diversity Insight 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) recently heard testimony on the particular effects the economic downturn has had on older workers, addressing the unfortunate possibility that the recession may be serving as a catalyst for some employers to engage in age discrimination.

Recession Hits Older Workers

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Categories: Diversity Strategies

Gender Change May Be a Physical Disability

March 20, 2011 - by: Diversity Insight 1 COMMENTS

By Jonathan C. Sterling

As we have reported in the past, transsexual employees may be protected from discrimination, at least in some cases, by federal and state law. The decisions granting that protection have treated such discrimination as a violation of gender or sex discrimination law. However, courts have been reluctant to recognize that transsexual employees are physically disabled. Indeed, the Americans with Disabilities Act (ADA) specifically excludes transsexualism from its definition of disabilities. A recent state court ruling marks a departure from that theme.

Legally Handcuffed

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Categories: Legal News

FLSA Claims Continue to Rise

March 20, 2011 - by: Diversity Insight 0 COMMENTS

In 2010, there was a 10 percent increase from 2009 in wage and hour collective- and class-action cases under the Fair Labor Standards Act (FLSA). “Collective” and “class” actions are lawsuits with multiple plaintiffs filed by employees who perform substantially the same job.

The number of wage and hour cases began to climb as a result of employee misclassification. Employees would sue their former or current employer, claiming they were “misclassified” as exempt from overtime and should have been paid time and a half for hours worked over 40 in a workweek. Misclassification cases remain the source of much of the wage and hour litigation filed by employees in midlevel management positions. In addition, there has been an increase in “off-the-clock” claims because of better technology such as smartphones, which make it easier for employees to work while they’re away from the office and off the clock.

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Categories: Just the Facts

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