News & Analysis as of

Hiring & Firing Americans with Disabilities Act (ADA) Age Discrimination

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Constangy, Brooks, Smith & Prophete, LLP

Hiring discrimination claims: 5 ways to stay out of hot water

Learn from a real employer's mistakes. Imagine this scenario: You are advertising for an open position. You get three applicants: •Applicant 1 meets or exceeds all of your requirements. •Applicant 2 fails to meet your...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

U.S. Equal Employment Opportunity Commission...

Maximum Security to Pay $22,500 to Settle EEOC Age and Disability Discrimination Lawsuit

Federal Agency Charged Security Company Made Disparaging Comments and Fired 57-Year-Old Employee After Heart Attack - NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, will pay a...more

U.S. Equal Employment Opportunity Commission...

Covenant Woods to Pay $78,000 in EEOC Discrimination Lawsuit

Settles Federal Charges Retirement Community Fired Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more

U.S. Equal Employment Opportunity Commission...

Gregg Orr Auto to Pay $325,000 to Resolve Disability and Age Discrimination Lawsuit

Federal Agency Charged Car Dealership Company Fired Longtime Employee To Avoid Healthcare Costs - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a group of car dealerships, has agreed to pay $325,000 and provide other...more

U.S. Equal Employment Opportunity Commission...

Pete’s Car Smart to Pay $145,000 to Settle EEOC Age and Disability Discrimination Suit

Settles Federal Charges Car Dealership Fired Long-Time Employee After Heart Surgery With Slurs About Her Age - DALLAS – Amarillo-based dealership Pete’s Car Smart will pay $145,000 and furnish other relief to settle an age...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Covenant Woods for Age and Disability Discrimination

Federal Agency Charges Retirement Community With Firing Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

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The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Gregg Orr Auto Collection for Disability and Age Discrimination

Company Fired Longtime Employee to Avoid Health Care Costs, Federal Agency Charges - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a company that provides administrative and operations services for a group of related...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

Fox Rothschild LLP

The EEOC’s Artificial Intelligence Guidelines and the Risk of Class Action Litigation

Fox Rothschild LLP on

On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) published its first guidelines regarding the use of artificial intelligence in employment, titled The Americans with Disabilities Act and the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more

U.S. Equal Employment Opportunity Commission...

Staffing Solutions to Pay $550,000 to Settle EEOC Discriminatory Hiring and Placement Suit

Company Rejected Black, Disabled, Pregnant and Older Applicants and Forced Out Office Manager Who Opposed Discrimination, Federal Agency Charged - BUFFALO, N.Y. – Staffing Solutions of WNY Inc., a Buffalo-based staffing...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Maximum Security NYC, Inc. For Disability and Age Discrimination

Security Company Fired Employee During Pandemic Citing Concerns Over Disability And Age, Federal Agency Charges - NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, violated...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Maximum Security NYC, Inc. For Disability and Age Discrimination

Security Company Fired Employee During Pandemic Citing Concerns Over Disability And Age, Federal Agency Charges - NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, violated...more

Snell & Wilmer

Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

Snell & Wilmer on

As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such...more

DirectEmployers Association

OFCCP Week In Review: December 2020 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Jackson Lewis P.C.

What Manufacturers Should Know About The EEOC

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against an employee or a job applicant based on membership in protected classes. The agency has...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on

Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Saul Ewing LLP

EEOC Files Lawsuit Against Yale Hospital for Age Discrimination of Older Clinicians

Saul Ewing LLP on

In February 2020, just prior to COVID-19 dominating the news, wreaking havoc on the health care delivery system and leading to tens of thousands of deaths and hundreds of thousands of positive cases, the Equal Employment...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

U.S. Equal Employment Opportunity Commission...

Horizontal Well Drillers to Pay $650,000 to Settle EEOC Age And Disability Discrimination Suit

Oklahoma Drilling Contractor Refused to Hire Older Rig Hands and Fired Employee Because of Disability After Conducting an Unlawful Medical Exam, Federal Agency Charged - ST. LOUIS - Horizontal Well Drillers LLC (HWD), a...more

ArentFox Schiff

Federal Agency Sues Hospital Over Late Career Practitioner Policy

ArentFox Schiff on

On Tuesday, February 11, 2020, the Equal Employment Opportunity Commission filed a complaint against Yale New Haven Hospital alleging that the hospital’s Late Career Practitioner Policy violates both the Age Discrimination in...more

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