News & Analysis as of

Hiring & Firing 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 -

One Racial Slur is One Too Many, Rules Third Circuit

by LeClairRyan on

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in...more

Medical Marijuana Users Can Sue Their Employers

by Murtha Cullina on

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

New Jersey Expands Protection for United States Armed Forces Members and Veterans under New Jersey Law Against Discrimination

by FordHarrison on

Governor Chris Christie signed into law New Jersey Senate Bill S726, expanding the New Jersey Law Against Discrimination to prohibit all forms of discrimination against members of the Armed Forces and veterans. The law was...more

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

Beyond "You're Fired": Key Points for Executing Terminations

by Baker Donelson on

"You're fired!" has been a catchy phrase during the Trump era. If that phrase amounts to your plan for an upcoming termination meeting, however, you are in trouble. Much of the risk analysis and decision-making process for...more

Is Misogyny Protected Activity?

by Kelley Drye & Warren LLP on

The blogs and networks have been buzzing over the past few days with news that a senior software engineer at Google – James Damore – had taken it upon himself to write and post on an internal Google mailing list a ten page...more

EEOC Sues Candid Lithio for Sex Discrimination, Harassment, and Retaliation

Female Employee Subjected to Sex Discrimination and Discharged Along with Co-Workers Associated with Her, Federal Agency Charges - LAS VEGAS - Candid Lithio, a creative design services company violated federal law when...more

UPS Delivers Cautionary Tale

by Sherman & Howard L.L.C. on

Maximum leave policies are ubiquitous. These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged. Last year the EEOC issued...more

UPS to Pay $2 Million to Resolve Nationwide EEOC Disability Discrimination Claims

Shipping Giant's Rigid Leave Policies Forced Out Employees Who Needed Accommodations, Federal Agency Charged - CHICAGO - International shipping giant United Parcel Service, Inc. (UPS) has agreed to pay $2 million to nearly...more

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

by FordHarrison on

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

Tenth Circuit Affirms Staffing Company Win in Reasonable Accommodation Suit

by Littler on

In Punt v. Kelly Services, the Tenth Circuit Court of Appeals unanimously held that a temporary employee’s request for an undetermined leave of absence was not a reasonable request for accommodation under the Americans with...more

Eagle Parking Sued by EEOC for Sex and Age Discrimination

Manager Refused to Hire a 60-Year Old Female Applicant Because of His Belief That She Could Not Handle the 'Physicality' of the Job, Federal Agency Charges - ATLANTA - Eagle Parking, LLC., a full-service parking management...more

R&L Carriers, Inc. and R&L Shared Services, LLC Sued by EEOC for Sex-based Discrimination

Companies Refused to Hire Qualified Females as Dockworkers and Loaders, Federal Agency Charges - INDIANPOLIS - Wilmington, Ohio based companies, R&L Carriers, Inc. and R&L Shared Services, LLC, refused to hire qualified...more

EEOC Sues CSX Transportation for Company-Wide Sex Discrimination

Railroad Subjected Class of Female Workers to Unlawful Physical Abilities Testing, Federal Agency Charges - HUNTINGTON, W.V. - CSX Transportation, Inc., a provider of rail-based transportation services with operations...more

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

by FordHarrison on

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...more

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

California’s New Regulations on Gender Identity and Gender Expression

by Davis Wright Tremaine LLP on

California’s Fair Employment and Housing Act has prohibited discrimination in employment based on “gender identity” and “gender expression,” since 2011, but until now, employers have had little guidance on the practical...more

Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All...more

Massachusetts Expands Employers' Obligation to Accommodate Pregnant Employees

by Littler on

On July 27, 2017, Governor Baker signed the Massachusetts Pregnant Workers Fairness Act (the “Act”). Once the Act takes effect on April 1, 2018, most employers with employees in Massachusetts will be required to provide...more

Regional International Sued by EEOC For Firing Employee Who Requested Leave for Surgery

Truck Dealership Refused to Accommodate 'Exceptional' Delivery Driver, Federal Agency Charges - NEW YORK - Regional International Corporation, a commercial truck and trailer dealership with locations in Western New York,...more

Cutting Class: Teachers’ Motion For Class Certification Denied In Race Discrimination Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Four African-American teachers alleged that their school district employer discriminated against them on the basis of race by failing to hire them as assistant principals, and filed a motion for class...more

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

Company Refused to Accommodate and Fired Employee Because of Arm/Shoulder Injury, Federal Agency Charges - BIRMINGHAM, Ala. - Wesley Health System, LLC, dba Merit Health Wesley, a general medical and surgical hospital...more

A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant

When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more

A Drill Down On Pence’s Policy In Context Of Avoiding Workplace Discrimination

David Donovan of South Carolina Lawyers Weekly posted an article, “The Pence Policy: Male-Female Interaction Rule May Have Pitfalls for Employers”, which addresses how Vice President Pence’s policy to never eat alone with a...more

Dollar General Sued by EEOC For Disability Discrimination and Retaliation

Portal, Ga., Store Manager Refused to Interview Applicant After Seeing Her Arm in a Sling, Federal Agency Charges - ATLANTA - The owner-operator of a Georgia Dollar General store violated federal law by discriminating...more

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