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McBrayer Blogs

Showing 4 posts from March 2012.

Major Verdicts and Settlements

Lane Report, March 2012 More >

Use of Performance Reviews in Defense of Discrimination Claims

Two recent decisions from the Sixth Circuit Court of Appeals highlight the importance of record-keeping in defending discrimination claims.  In each of these two cases, the plaintiffs raised claims of age discrimination, but were unsuccessful in their claims largely due to the fact that their performance reviews and other documents in their personnel files supported the employers’ legitimate reasons for the employment decisions.

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High School Diploma Requirements, Potential Violations of the Americans with Disabilities Act?

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an Informal Discussion Letter (“EEOC Letter”)[1] which opined that employers who require high school diplomas as a minimum standard for job applicants, and who often advertise as such, may be in violation of the Americans with Disabilities Act, because they screening out individuals who are unable to graduate because of a learning disability.  Though Informal Discussion Letters give guidance regarding a particular inquiry and are not binding precedent, this letter serves as a wake-up call for employers of skilled and unskilled workers alike, who have long considered a high school diploma requirement to be a minimal, achievable and useful standard to ensure that its workforce possesses basic reading, writing and math skills. More >

Employers Are Demanding Facebook Passwords—Should They?

It’s hard to miss the latest news reports.  Employers around the country are demanding Facebook passwords from both applicants and current employees in order to monitor employee activity.  While the allure is understandable – in this day and age, almost any negative internet-based comment about an employer can be found by customers, clients and potential employees – the real question is, should an employer take such a drastic step?  Probably not. More >

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