Discrimination Hiring & Firing

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
News & Analysis as of

Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive...

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more

EEOC Launches First Phase of Digital Charge System

On May 6th, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the launch of a pilot program called ACT Digital in 11 of its 53 offices, which allows for the digital transmission of documents between the EEOC...more

EEOC Conciliation Efforts Subject To Limited Judicial Review

In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are subject to judicial review, although such review is limited to ensure...more

“Ban the Box” Trend Continues Across the Country

The “ban the box” movement—which seeks to remove questions about criminal history from an employer’s initial employment application—continues to cut across geographic and political divides. In March and April, we blogged...more

New York City Human Rights Law Strictly Limits Employers’ Use of Credit Checks in Hiring

In follow-up to our April 21 post, New York City Mayor Bill de Blasio signed into law an amendment to the New York City Human Rights Law on May 6, prohibiting employment discrimination on the basis of “consumer credit...more

[Event] Breakfast With Your Labor Lawyer - May 28, Los Angeles, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

[Event] Breakfast With Your Labor Lawyer - May 20, Orange County, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

[Event] Breakfast With Your Labor Lawyer - May 19, San Francisco, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

New York City Largely Bans Employers from Considering Consumer Credit History

On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill barring employers in New York City from discriminating against employees and applicants based on their consumer credit histories. The exceptions to...more

New York City Bans Employers From Using Credit Checks To Screen Job Applicants

Under a bill signed into law by Mayor Bill de Blasio on Wednesday, May 6, 2015, New York City businesses will be banned from using credit reports, bankruptcies and liens to disqualify applicants from employment. The Stop...more

Supreme Court to Decide When Limitations Period Begins Running for Constructive Discharge Discrimination Claims

Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more

[Event] Breakfast With Your Labor Lawyer - May 14, San Diego, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

Mach Mining, LLC v. EEOC: Supreme Court Holds EEOC Conciliation Efforts are Subject to Limited Judicial Review

In a unanimous decision, the Supreme Court said that conciliation efforts by the Equal Employment Opportunity Commission are subject to limited judicial review. Justice Kagan authored the decision in Mach Mining, LLC v....more

Timing of termination creates question of fact in association discrimination case

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012,...more

Employers Beware in Race Discrimination Cases

Several recent cases highlight the fact that employers should think twice before failing to properly address a Title VII complaint. Failing to do so may result in their winding up in a jury trial. That fact is most recently...more

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

New Legislation Promises More Investigations by the New York City Commission on Human Rights

On April 20, 2015, New York City Mayor Bill de Blasio signed two new bills into law that authorize the New York City Commission on Human Rights to increase the number of employment discrimination investigations. ...more

Employment Law - April 2015 #2

LinkedIn Search Doesn’t Implicate FCRA, California Court Rules - Why it matters: Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more

New York City Aims to Strengthen its Enforcement of Human Rights Law; Paired Testing Employment Discrimination Investigations on...

Mayor de Blasio recently signed a series of bills that, among other things, require the New York City Human Rights Commission – the agency responsible for enforcing the New York City Human Rights Law – to conduct employment...more

From Hiring To Firing: A Basic Guide To The Chinese Employment Law Life Cycle

HIRING - For many employers, the key to having a productive and high-performing workforce is recruiting the right people to start with. However, it is important for employers to be aware that even before an employee...more

Health Alert (Australia) - April 20, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales (NSW) - 13 April 2015 - Sarah White v The Local Health Authority & Anor - [2015] NSWC 417 - The New South...more

The Employment Law Authority - March/April 2015

In this Issue: - Immigration - State Round-Up - Best Practices - Retaliation - Employment Discrimination - Excerpt from Immigration; Spouses of H-1B visa holders will be eligible for work...more

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

In Employment Litigation, the Best Defense is a Good Defense

It’s a busy week in employment law. Yesterday, the U.S. Supreme Court case decided Young v. UPS — a case about pregnancy discrimination. I’ll have more on that case in an upcoming post. But in today’s post, my colleague Chris...more

2015 Employment Law Issues Tournament: Second Round Results and Recaps

If you thought the Round of 64 was wild, then wait until you see what happened during the second round. Let’s just say that some shocking upsets left many a bracket busted wide open....more

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