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Archives for August 2013

Are Women Unfairly Passed Over for Promotions?

Randy Freking

A new Gallup Poll in August found that 15% of working women say they have at some point felt passed over for a promotion or opportunity at work because of their gender.  Similarly, 13% feel that their gender has played a role in being denied a raise.

The results of the Poll were similar when accounting for age, education, and type of employment.

Some may ask why the numbers – 15% or even 13% – are not higher?  One researcher after another have revealed that men are favored for jobs even when male and female candidates are equally – or even identically – qualified.  Meanwhile, other research finds that men continue to get bigger raises than women, even when women ask for them.

One explanation for the relatively low percentages is that almost half of all employees work in “sex segregated” jobs, or occupations that are predominately male or female.  For example, a nurse may not compare herself to an engineer – she is comparing herself to other nurses, many of whom are female.

For more information regarding new evidence on gender differences in promotions and pay, visit  The Digest from the National Bureau of Economic Research.

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Can My Boss Do That?

Randy Freking

Labor Day, the worker’s holiday.  It is designed to honor the contributions made by America’s workers.  Do you have issues at work?  Attorney Randy Freking will be answering your employment questions on Moore Law.  Moore Law is a live local call-in show hosted by Deb Haas and Attorney Don Moore. The show airs Monday, September 2nd at 9:30 a.m. on WXIX Fox 19.  To learn more about Moore Law click here.

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A Criminal Record May Keep You Jobless

Katherine Neff

During the 130th General Assembly Regular Session 2013-2014, Ohio Representative Sandra Williams (D-Cleveland) introduced House Bill 235, which would prohibit an employer from including any questions about the applicant’s criminal convictions in job applications.  However, the proposed bill does not prohibit employers from conducting background checks.  Representative Williams previously proposed similar legislation in the last legislature.  (HB 230)

Read About the Bill and Language of Proposed HB 235

Agencies such as the National Employment Law Project (NELP) and the Equal Employment Opportunity Commission (EEOC) have advocated for years against using criminal convictions as a barrier to employment for millions of Americans.  In 2011, NELP released a report entitled 65 Million “Need Not Apply” in which they conducted a survey of online job advertisements and found that both major and small employers “routinely deny people with criminal records any opportunity to establish their job qualifications.”

NELP’s Website and NELP Report: 65 Million “Need Not Apply”

Individuals who suspect they have been denied jobs or promotions, or have been discharged because of their criminal records should review the EEOC guidelines which include the warning that “an employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII” as national data often supports the finding that individuals within a certain race or national origin may be disparately impacted by criminal record exclusions.

EEOC Guidelines for Arrests & Convictions

Jim Evans, a human resources consultant, published an article titled “EEOC’s guidance on criminal background checks questioned” detailing the controversy surrounding the guidelines.  Read the article here.

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