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• Lex Mentis - Civil Rights for the Aesthetically-Challenged ( May 2006 )
  James J. McDonald of Fisher & Phillips LLP

  Most of us are shameless "lookists." We have a natural preference for good-looking people over ugly ones, whether in the context of hiring employees, selecting a mate, or watching movies or television. To date, most employers have largely been free to discriminate against the homely. A few nations, such as France, have outlawed discrimination based on physical appearance. In the U.S., only a few jurisdictions, such as the District of Columbia and Santa Cruz, California, have enacted legislation prohibiting discrimination in employment based on physical appearance.

• The Fair Credit Reporting Act (FCRA) and the Investigation of Employee Misconduct ( February 2004 )
  Douglas B. M. Ehlke of Ehlke Law Offices

  Many laws govern the employer/employee relationship, including pre-hire, hire, promotion, discipline and severing the relationship. They cover areas from discrimination to safety and health, hours worked and wrongful discharge. Employers are required to investigate allegations of harassment, hostile work environment, charges of discrimination by fellow employees and supervisors.

• The Employer/Employee Relationship Begins Before the Beginning ( August 2003 )
  Douglas B. M. Ehlke of Ehlke Law Offices

  The employer/employee relationship clearly exists when an employer hires an individual to accomplish a task. All employers are aware of their responsibilities as related to employee safety, nondiscrimination, overtime pay and the like. But an employer's responsibility to employees begins before the first employee is placed on the payroll.

• Federal Recordkeeping Requirements: Who Is A "Job Applicant"? ( June 2004 )
  Lisa A. Royee of Thompson, Coe, Cousins & Irons, LLP

  For decades employers with federal contracts and resulting affirmative action obligations and reporting requirements have been required to monitor their hiring practices to prevent discrimination against minority applicants. To fulfill this obligation, covered employers are required to track the race, gender and ethnicity of each applicant. Thus, the question of "who is a job applicant" has caused much confusion among employers and counsel for decades.

• Employment Relations Alert: March 2004, Issue 14. ( April 2004 )
  Pamela M. Ploor and Ely A. Leichtling of Quarles & Brady LLP

  On March 4, 2004, the Office of Federal Contract Compliance Programs (OFCCP) and other federal agencies issued long overdue proposed guidance on the definition of who is an applicant, including when a person applies for a job via the Internet. The definition of applicant is particularly important to federal government contractors because they must track the race and sex of applicants and analyze whether hiring practices, policies or procedures have a "disparate impact" on minority and women applicants.

• Defining an "Applicant" in the High Tech World: Emploment Law Alert, March 2004 ( March 2004 )
  Leslie P. Arrington of Nixon Peabody LLP

  This alert discusses the guidance provided by the Uniform Guidelines on Employee Selection Procedures. By adopting a few simple procedures and ensuring that human resources staff handling the recruitment and selection process are well trained, employers will be able to use the advantages of technology for recruiting and hiring while still adhering to UGESP requirements.

• Equal Employment/Affirmative Action Update (Four Parts) ( August 2003 )
  Pamela M. Ploor and Ely A. Leichtling of Quarles & Brady LLP

  Fourt part article detailing developments involving equal employment and affirmative action.

• Getting Personal May Cost You ( March 2003 )
  Susan Eberle Stahlfeld of Miller Nash LLP

  The employment relationship is fraught with potential litigation pitfalls for employers - even before it actually begins. There have been many lawsuits that were based on inquiries made during job interviews. These inquiries are often innocent questions intended to start a conversation or put the interviewee at ease, but they can easily backfire and lead you straight to the courtroom.

• What Can You Lie About On Your Job Application? (And Still Get Paid--For A While) ( March 2002 )
  Chris  Wangsgard of Parsons Behle & Latimer

  A recent Circuit Court of Appeals case holds that paid union organizers are permitted to lie on their employment applications about their status as "Salts" and about facts that might raise suspicion that they are union organizers.

• The Art of Interviewing… Do's and Don'ts ( September 2000 )
  Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C

  Interviewing and selecting candidates poses one of the more difficult challenges employers' face. A skillfully cond.