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Employer’s “one-strike rule” denying employment to applicants who test positive for drug or alcohol use did not have an unlawful disparate impact on rehabilitated drug addicts

March 3rd, 2011

Rejecting disparate treatment and disparate impact claims brought under the ADA and California Fair Employment and Housing Act (FEHA) by a former drug addict who was denied a longshoreman’s job, a divided Ninth Circuit panel upheld the Pacific Maritime Association’s “one-strike rule,” which automatically eliminates from consideration job applicants who test positive for drug or [Read more...]

Talent shortages emerge as top barrier to growth as business leaders shift their focus to globalization, innovation and expansion

March 3rd, 2011

Bersin & Associates, on March 2, announced that for the first time in almost three years, talent shortages are cited by more than 50 percent of business leaders surveyed as a key challenge as attention shifts from cost cutting to globalization, innovation, skills development, and rebuilding business growth as the economy improves.
These findings are discussed [Read more...]

Supreme Court: Proximate cause analysis applied to USERRA “cat’s paw” case; Seventh Circuit decision using “singular influence” standard overruled

March 2nd, 2011

If a supervisor performs an act motivated by anti-military animus, and if that act is a proximate cause of the ultimate adverse employment action, then the employer is liable under USERRA, the Supreme Court held today, in ruling on a case in which a U.S. Army reservist relied on the “cat’s paw” theory of liability [Read more...]

Weight loss and stress reduction top the list of employee wellness concerns for 2011

March 2nd, 2011

More than one-third of employees said weight loss was their top health concern this year, according to a Tell It Now(SM) poll released by ComPsych Corporation. Some 23 percent of employees said stress was their main health issue. “With more and more individuals slipping into the overweight category, it’s no surprise that weight management is [Read more...]

Former Levi Strauss employee may proceed with age discrimination claim; company awarded summary judgment on retaliation allegation

March 1st, 2011

Conflicting evidence regarding whether a former employee of Levi Strauss and Company who was replaced by a man 16 years his junior was terminated in a reduction of force or instead was a victim of age discrimination, created material questions of fact that are properly reserved for a jury, ruled a federal district court in [Read more...]