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Hiring & Firing › Discrimination › Employment 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 -
Hinshaw & Culbertson - Employment Law...

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

Hinshaw & Culbertson - Employment Law... on

On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact...more

Alston & Bird

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

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Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

Harris Beach PLLC

Court Decision Should Spur Employers Who Hire Noncitizens to Examine Hiring Practices

Harris Beach PLLC on

While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for employers across the country to examine and update their recruiting and hiring policies. The split ruling by a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

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Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

Bradley Arant Boult Cummings LLP on

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

DirectEmployers Association on

The following is Part 2 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday, April...more

U.S. Equal Employment Opportunity Commission...

BaronHR to Pay $2.2 Million in EEOC Hiring Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Temporary Staffing Company Resolves Federal Charges It Discriminated Against Workers Based on Race, National Origin, Sex and Disability - LOS ANGELES – Nationwide staffing agency BaronHR, LLC will pay $2.2 million and...more

Hinshaw & Culbertson - Employment Law...

New York Expands Anti-Discrimination Laws for Nonresident Job Seekers

Hinshaw & Culbertson - Employment Law... on

On March 14, 2024, the New York Court of Appeals held that nonresident prospective employees who seek employment opportunities in New York State or New York City and are denied due to discriminatory conduct are eligible to...more

Spilman Thomas & Battle, PLLC

Groff v. DeJoy and Its Impact on Religious Accommodation

Spilman Thomas & Battle, PLLC on

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

Poyner Spruill LLP

EEOC’s Year-End Litigation Round-Up and Strategic Plan

Poyner Spruill LLP on

On November 15, 2023, the EEOC published its year-end litigation round-up and strategic enforcement plan, which shows its increased enforcement activities over the past year and new areas of emphasis for future enforcement....more

Sheppard Mullin Richter & Hampton LLP

Beyond Appearances: New York City Enacts Legislation Prohibiting Discrimination Based on Height and/or Weight

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On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The...more

Patterson Belknap Webb & Tyler LLP

New York City Bans Employment Discrimination Based on Height and Weight

Patterson Belknap Webb & Tyler LLP on

On May 26, 2023, Mayor Adams signed into law an amendment to the New York City Human Rights Law, banning discrimination on the basis of an individual’s height or weight. The law will become effective on November 22, 2023. ...more

Perkins Coie

New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment Tools

Perkins Coie on

Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers...more

Sheppard Mullin Richter & Hampton LLP

Don’t Let the Government Name, Shame, and Fine You – Export Controls Do NOT Excuse Hiring Discrimination

Sheppard Mullin Richter & Hampton LLP on

When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply...more

Jackson Lewis P.C.

Full Fifth Circuit to Rehear Case Challenging Its ‘Ultimate Employment Decisions’ Rule

Jackson Lewis P.C. on

The full U.S. Court of Appeals for the Fifth Circuit will rehear a case to decide whether its standard for proving workplace discrimination under Title VII of the Civil Rights Act improperly screens out legitimate...more

Jackson Lewis P.C.

Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Jackson Lewis P.C. on

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held....more

Dentons

HR Quick Take: Anti-Discrimination Laws

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Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...more

Constangy, Brooks, Smith & Prophete, LLP

Artificial Intelligence in HR: A blessing and a curse

Constangy, Brooks, Smith & Prophete, LLP on

How could something so convenient be so risky? Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more

Cranfill Sumner LLP

New Proposed Rule from the EEOC Presents Possible Changes to the Conciliation Process

Cranfill Sumner LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) published a Notice of Proposed Rule Making in which it has proposed changes to the existing conciliation process the EEOC employs when it finds reasonable cause for any...more

Stoel Rives - World of Employment

BOLI Releases Oregon Workplace Fairness Act Model Policy

Stoel Rives - World of Employment on

The October 1, 2020 deadline for Oregon employers to update their non-discrimination policies is approaching.  In 2019, the Oregon Legislature passed the Workplace Fairness Act (the “Act”), which made significant changes to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues United Precision Products Company for Age Discrimination

U.S. Equal Employment Opportunity Commission... on

Aerospace Component Supplier Discriminated Against Applicant Because of his Age, Federal Agency Charges - DETROIT - United Precision Products Co., Inc., a supplier of aerospace components based in Dearborn Heights,...more

Jackson Lewis P.C.

Virginia’s Values Act Fundamentally Rewrites The Human Rights Act

Jackson Lewis P.C. on

Effective July 1, 2020, the Virginia Values Act expands the scope of the Virginia Human Rights Act to prohibit discrimination in employment and housing on the basis of sexual orientation and gender identity. The new law also...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues LAZ Parking for National Origin Discrimination

U.S. Equal Employment Opportunity Commission... on

Parking Company Laid Off Workers Based on National Origin, Federal Agency Says - BALTIMORE - LAZ Parking, the second largest parking company in the United States, violated federal law when it terminated three long-time...more

U.S. Equal Employment Opportunity Commission...

CVS Caremark Corporation and EEOC Reach Agreement to Resolve Discrimination Charge

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charged Drugstore Chain's Personality Tests Had Negative Impact on Jobseekers Based on Race and National Origin - CLEVELAND - CVS Caremark Corporation, a nationwide retail pharmacy and health care company...more

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