Hiring & Firing Equal Employment Opportunity Commission

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 -
News & Analysis as of

Caught Between Laws: Challenges for Health Care Providers in Using Criminal History Information in Employment Decisions

In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more

Despite settlement, EEOC continues and expands discrimination investigation

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment...more

‘Tis the (Retail) Season, Part II: Conducting Background Checks on Seasonal Workers

During the upcoming holiday season, many companies—especially those with retail operations—will be looking to expand their available workforce by hiring seasonal workers. Unfortunately, many of these temporary workers will be...more

Amsted Rail’s Hiring Practices Violate Disability Discrimination Law, EEOC Charges in Lawsuit

Medical Clearance Process Derails Applicants' Hopes for Employment, Federal Agency Says - ST. LOUIS -- Amsted Industries, Inc. and Amsted Rail Co. Inc., a leader in the manufacture of steel castings for the rail...more

11th Circuit: The EEOC Can't Always Get What It Wants

The Eleventh Circuit Court of Appeals recently shouted down the EEOC's broad subpoena powers when it held that the Commission wasn't entitled to hiring and firing information relating to Royal Caribbean's workers and job...more

Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch...more

ACM Services to Pay $415,000 to Settle EEOC Class Race, Gender Discrimination and Harassment Suit

Contractor Shunned Blacks and Women for Jobs, and Harassed and Fired Two Women for Opposing the Discrimination, Federal Agency Charged - BALTIMORE - ACM Services, Inc., a Rockville, Md.-based environmental remediation...more

EEOC Focuses Resources on Pregnancy Refusal to Hire Claims

Earlier this year, the Equal Employment Opportunity Commission issued a new Pregnancy Discrimination Enforcement Guidance, setting forth the agency’s position with regard to litigation against employers accused of...more

EEOC’s Tough Stance on Employee Separation Agreements

Employers like separation agreements. Separation agreements, of course, are contracts that employees sign when their employment is terminated that allows them to be paid severance and in exchange they usually give up the...more

Seed and Fertilizer Providers to Pay $187,500 for Genetic Information and Disability Discrimination

Class of Job Applicants Was Subjected to Illegal Medical Exams and Family Medical History Inquiries, EEOC Charged - SAN DIEGO, Calif. - Three Southern California seed and fertilizer providers - All Star Seed, Inc., La...more

EEOC Sues Saginaw Restaurant for Pregnancy Discrimination

Crooked Creek Bar & Grille Refused to Hire Applicant Because She Was Expecting, Federal Agency Charges - DETROIT - Crooked Creek Investment Company, doing business as Crooked Creek & Creekside Bar & Grille in Saginaw,...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

Wal-Mart, EEOC Reach Accord In Drug Test “Accommodation” Lawsuit

Laura Jones was offered a sales job at the Wal-Mart store in Cockeysville, Maryland, and was told that she would have to take a drug test. According to the U.S. Equal Employment Opportunity Commission, Ms. Jones told an...more

The EEOC’s Assault on Separation Agreements – A Bump in the Road, But It’s Far From Over

Most employers have separation agreement forms that have served them well over the years. The terms have become fairly standardized and, aside from the occasional tweak, they don’t change much and are rarely challenged. ...more

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Reasonably Accommodate Applicant With End-Stage Renal Disease, Federal Agency Charged - BALTIMORE - Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a...more

Gavel to Gavel: A tiger by the tail

Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left...more

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

EEOC Chair Yang Calls for Renewed Effort to Hire People with Disabilities

White House Celebrates 'Champions of Change' - WASHINGTON -- U.S. Equal Employment Opportunity (EEOC) Chair Jenny Yang spoke on Tuesday at a White House event celebrating "Champions of Change" who are doing...more

What Employers Need to Know - Requests for Medical Information and the Genetic Information Nondiscrimination Act: Avoiding a...

The Genetic Information Non-discrimination Act took effect in November 2009. It should also be noted that many States, including Maryland, have separate statutes prohibiting the acquisition of genetic information and...more

EEOC Sues Sushi at the Lake for Disability Discrimination

Cornelius Restaurant Unlawfully Refused to Hire Applicant Because of Amputated Arm, Federal Agency Charges - CHARLOTTE, N.C. - Greenhouse Enterprise, Inc., dba Sushi at the Lake, which operates a restaurant in...more

EEOC Ramps Up Attack On Mandatory Arbitration Agreements

Over the course of its history, the U.S. Equal Employment Opportunity Commission (“EEOC”) has disfavored the application of mandatory arbitration agreements within the employment context. Indeed, until the decision in...more

HiLine Electric to Pay $210,000 to Settle EEOC Age Discrimination Suit

Industrial Supply Business Used Age Criterion in Hiring and Recruitment Practices, Federal Agency Charged - DALLAS - HiLine Electric Co., a Dallas-based industrial supply business, will pay $210,000 and furnish other...more

Federal Court Dismisses EEOC Lawsuit Challenging CVS Severance Agreement and Release

Employers can begin to breathe a sigh of relief after a federal judge last week dismissed a lawsuit brought by the Equal Employment Opportunity Commission against the CVS drug store chain. In the lawsuit, the EEOC took an...more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

Use of Big Data in Recruiting and Screening Could Mean Big Problems for Employers

Recently, Allison Grande of Law360 reported on the warnings representatives from the FTC and EEOC provided to employers about using big data in the workplace at a panel hosted by the FTC. This post briefly explores those...more

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