New interviewing technique - 140 characters or less: Talking with recruiters is already stressful enough by phone—and now there’s a startup that wants to make it easier and more enticing by using the language many younger people prefer: text messages. Canvas claims it is the world’s first text-based interviewing platform and it was founded by people who were dissatisfied with the traditional hiring process. More than two-thirds of millennials reported sending and receiving text messages “a lot” in a 2014 Gallop poll. For millennials, using text messages is already the messenger of choice for navigating their personal lives —including the fraught landscape of online dating— and now with text-interviewing, you can use the same emojis and abbreviated, casual tone to reply to recruiter texts as you would a first date. The goal with text interviewing is to see it as an initial interview that will screen who should get the more extensive, in-person interview. And with texting, you can end the conversation much more quickly if you realize that this candidate is not going to be a right fit and vice versa. For companies on the hiring side, text-interviewing gives you a permanent record that you can share with managers who weren’t in the conversation. Source: The Ladders 6/15/17
“Mark of the Beast” case follow-up: The U.S. 4th Circuit Court of Appeals affirmed the verdict for an employee who was forced to resign because his religious beliefs prevented him from using a biometric hand scanner. He believed that that the scanner would put on his hand the “mark of the beast.” The employee believed from the biblical Book of Revelation that the “mark of the beast” brands followers of the Antichrist, allowing the Antichrist to manipulate them. Consol provided an alternative to employees who could not use the hand scanner for non-religious reasons but refused to accommodate the employee here for his religious objection. The employee was shown to be sincere in these beliefs. The employee worked 37 years for the company, and he thought he would be fired as a result of refusing the hand scan. He then retired. At trial the court awarded the employee $436,860.74 in front and back pay and lost benefits. It issued a permanent injunction against Consol, requiring Consol to refrain from future violations of Title VII’s reasonable accommodation provision and to provide management training on religious accommodations. On appeal, the U.S. 4th Circuit Court of Appeals upheld the award, but agreed with the trial court that no punitive damages should be awarded. Source: EEOC v. Consol Energy, Inc., No. 16-1230 (4th Circuit Court of Appeals, 6/12/17)
JP Morgan Chase charged for unequal parental leave: Derek Rotondo, a J.P. Morgan Chase employee, filed a an EEOC charge for gender discrimination saying he was denied 16 weeks of paternity leave. Rotondo, a father with a newborn, wanted to take the full paid leave his employer offered, but he said he was not considered a primary caregiver by human resources. At J.P. Morgan, dads are only considered primary caregivers if the partner is working, or if the birth mother is medically unable to take care of the child, according to the complaint. Adopting parents and same-sex and domestic partners at the company are also under the primary caregiver constraint. “It was like something out of the 1950s. Just because I’m a father, not a mother, it shouldn’t prevent me from being the primary caregiver for my baby. I hope that J.P. Morgan will change this policy,” Rotondo said. There are multiple studies that prove that paid paternal leave is a benefit for all involved. When fathers take parental leave, mothers are able to rejoin the workforce more quickly. And fathers who took parental leave were more likely to be involved in their child’s life later on. The EEOC is reviewing the charge. Source: Reuters 6/15/17
China implementing new work permit policies: A new Work Permit Policy (Policy) is being implemented in China. The Policy consists of two main features: (1) expats working in China will now be issued a single multipurpose “Work Permit”, and (2) expats will be categorized into three different groups (A, B, C) that will now affect how easy it is for them to get a Work Permit. Expat workers in China were classified previously as either (i) foreign employees eligible for an “Employment Permit,” or (ii) foreign employees eligible for an “Expert Permit.” These two permits are now combined into one “Work Permit” that will be assigned to foreign applicants through the issuance of identification (ID) cards with unique ID numbers. The new categories are A, B and C. Category A applies to foreign high-end talent. There is no limit to the number of expats in this category who may receive Work Permits. Category B applies to foreign professionals. The number of expats in this category who may receive Work Permits will vary depending on market demand. Category C applies to the remaining types of foreign workers and is severely limited in number. Source: Seyfarth Shaw 6/14/17
Wife swapping is not a protected activity under the law: Two sheriff deputies who were removed from their offices after refusing to obey a directive to stop cohabitating with each other’s wives and to cease all contact with the other’s spouse until they obtained divorces were not deprived of their First Amendment and Free Exercise Clause according to the U.S. Fifth Circuit Court of Appeals. After the chief deputy sheriff learned that the two officers had each moved into the other’s house and exchanged spouses without first obtaining divorces, they were placed on administrative leave for violating the sheriff’s code of conduct. Amongst other things, the code prohibited officers from engaging in "any illegal, immoral, or indecent conduct" or "any legitimate act which, when performed in view of the public, would reflect unfavorabl[y]" upon the sheriff’s office. They also violated a provision that required them to inform their direct supervisors within 24 hours of a change of address, which was designed to ensure their availability at all times in case of an emergency. The Fifth Circuit found that sexual decisions between consenting adults "take on a different color when the adults are law enforcement officers." The court reasoned that, for instance, officers’ enforcement duties include crimes of human trafficking and spousal abuse that place them in "sensitive positions with members of the public." Their involvement in relations that openly and "notoriously" violate the "legally sanctioned relationships" of marriage and family was likely to "besmirch the reputation of the Sheriff’s Department and hinder its ability to maintain public credibility." Source: Coker, v. Whittington, No. 16-30679 (5th Circuit Court of Appeals, May 23, 2017); CCH 6/15/17