News & Analysis as of September 21, 2024

Human Resources Professionals

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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 -

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

DirectEmployers Association on 4/25/2024

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

Using AI in Human Resources: Benefits and Risks

Gould + Ratner LLP on 5/9/2023

Artificial intelligence (AI) is already a key feature in many people’s lives, including at work. While some AI platforms have been around for years, highly advanced intelligence platforms, such as ChatGPT, could become...more

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

Poyner Spruill LLP on 4/19/2023

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims. Doing so can help to rebut the allegation that an individual has been subjected...more

HR Quick Take: Anti-Discrimination Laws

Dentons on 6/23/2022

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

Artificial Intelligence in HR: A blessing and a curse

Constangy, Brooks, Smith & Prophete, LLP on 2/17/2022

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

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

Poyner Spruill LLP on 7/7/2021

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

California Allows Attorney's Fees Award To Successful Whistleblowers

Allen Matkins on 10/30/2020

California's Labor Code currently prohibits employers, or persons acting on their behalf, from retaliating against employees who "blow the whistle". Cal. Lab. Code § 1102.5. The same statute also prohibits employers, or...more

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

Sheppard Mullin Richter & Hampton LLP on 4/9/2020

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Littler's Executive Employer Survey – Europe 2018

Littler on 11/12/2018

This report summarises the results of Littler’s first annual European survey on which legal and HR issues are having the greatest impact on the workplace. It is based on survey responses from over 800 C-suite executives, HR...more

11th Circ. Reminds Employers Why Best Practices Matter

Foley & Lardner LLP on 11/5/2018

What happens when an employer’s allegedly good documentation of an employee’s poor performance is met with an employee’s allegations that she was subjected to multiple racially charged comments in a two-month period? A...more

Do Zero Tolerance Policies Make Zero Sense?

Fisher Phillips on 7/23/2018

When one hears about a workplace shooting, it’s easy to demand a “Zero Tolerance” rule against workplace violence. It’s understandable that after the staggering and even criminal revelations of the #METOO Movement that...more

HR Law 101 Ep.5: What Employers Need to Know About Anti-Discrimination Laws

Verrill on 6/1/2018

In this episode of HR Law 101: Understanding the HR Basics, Verrill Dana labor and employment attorney Tawny Alvarez discusses the obligations that employers have under federal law to provide a non-discriminatory environment...more

Five Tips For Handling Tricky Religious Accommodations

Holland & Hart - Employers' Lawyers on 3/30/2018

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

Don’t Make a Habit of it, but Sometimes, Ignorance IS Bliss

Dorsey & Whitney LLP on 11/2/2017

As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of...more

Big Data in Human Resources = Big Decisions for HR Pros

Zelle LLP on 10/16/2015

Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

The Ten Most Important Rules for Employers

Zelle LLP on 10/9/2015

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

That is SO last week - October 2015

Zelle LLP on 10/6/2015

Last week saw a lot of media coverage about “Yelp for People.” The app, called Peeple, allows users to rate friends, co-workers, and romantic partners based on a five-star rating system. Recruiters could review the ratings...more

That is SO last week - September 2015 #4

Zelle LLP on 9/28/2015

No matter how many times employment lawyers say that the ADA may require employers to provide more leave than the FMLA’s 12 week allotment, some just don’t get the message. Last week, the EEOC announced a $300,000 settlement...more

Last Minute Write-Up Has Unintended Negative Legal Results

Parker Poe Adams & Bernstein LLP on 8/31/2015

Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more

That is SO last week - August 2015

Zelle LLP on 8/4/2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

The 2012 Global Employer: Highlights of Littler's Fifth Annual Global Employer Institute

Littler on 2/22/2013

In this report: - I. Sustainable Innovations for a Changing Global Workforce - II. Forging a Global HR Team to Align with a Global Business: Transparency and Integration - III. Developing an Effective Global...more

Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed

Littler on 2/7/2013

The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the...more

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