Posts tagged Hiring.

(Not an actual letter from Mr. Kleber.

(Not an actual letter from Mr. Kleber.)

Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with roughly 30 years of experience, including experience as a CEO of a dairy industry trade group, Chief Legal Counsel, and General Counsel — was rejected for a low-level in-house staff attorney position because he was overqualified for the position, not because he was 58 years old.

Prompted by Mr. Kleber’s comment, I have now read the court papers (well, a lot of them, anyway).*

*Mr. Kleber’s case is currently on appeal to the U.S. Court of Appeals for the Seventh Circuit, but it is still in the very early stages. For you procedural nerds, I’ve included a summary at the end of this post. Non-nerds can skip it.

Now that I know more about Mr. Kleber’s lawsuit, I haven’t changed my mind. In other words, I still think he was rejected for being overqualified.

Can’t “overqualified” be a code word for “too old”? Yes, but not necessarily. Read on!

Our tax dollars at work.

In a recent lawsuit filed in federal court in Florida, the Equal Employment Opportunity Commission has asserted a claim of sex discrimination against a gentlemen’s club in Florida for allegedly refusing to hire a man who applied for a bartending position. According to the complaint, Sammy’s Gentlemen’s Club informed the male applicant that it “did ...

Louise Davies is an Affirmative Action Paralegal in Constangy's Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan ...

The Office of Federal Contract Compliance Programs and Palantir Technologies, a California-based technology company, have agreed to settle a pending lawsuit for about $1.7Angelique Lyons million.

We first reported on this case in October 2016. In its complaint, the OFCCP alleged that the Company used a discriminatory hiring process that resulted in a low selection rate for Asians, who ...

Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process.

  • Southern Glazer’s Wine and Spirits of Louisiana, LLC, has agreed to pay $175,000 to settle allegations that it discriminated against black applicants for warehouse ...

The U.S. Department of Labor's new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead, Hot Dog Man.flickrCC.JeleneMorrissubject to the DOL's right to appeal the decision. And, of course, with the incoming Trump Administration, it isn't clear whether the DOL will bother with ...

Being part of the "in" crowd with the FBI apparently does not protect you from the Office of Federal Contract Compliance Programs.

Alyssa Peters
Alyssa Peters

To the contrary: It was an FBI contract that subjected a California-based technology company to an OFCCP review that has resulted in an administrative complaint.

Palantir Technologies is a large government contractor with more than $340 ...

A recent Q & A from the “Workologist” column in the New York Times caught my eye.

Cara-Crotty.322.jpeg
Cara Crotty

The correspondent was asking how to ensure that a résumé submitted online actually gets reviewed by the hiring company.  That is a legitimate concern – after all, organizations are inundated with job seekers when positions are posted, and recruiters can’t always physically review ...

Do you need a reason to monitor your hiring and keep good records? Here's one.

Alleging race discrimination in the hiring process, the Office of Federal Contract Compliance Programs has settled with a unit of Norfolk Southern for $492,000. The OFCCP claimed that there were statistically significant differences in the hiring rates of whites and African-Americans into laborer ...

Did you realize that the Equal Employment Opportunity Commission can sue you just for (allegedly) lousy recordkeeping?

Recordkeeping.flickrCC.SterlingCoffey
"And you thought we weren't important!"

No discrimination, no harassment, no retaliation -- just (alleged) failure to keep adequate records.

Well, it's true. Back in 2010, the agency was investigating whether Crothall Services Group's use of criminal background ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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