News & Analysis as of

Hiring & Firing › Equal Employment Opportunity Commission (EEOC) › Employer Liability Issues

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 -
Rodemer Kane Attorneys at Law

Does a DWAI Show Up on a Background Check in Colorado?

Rodemer Kane Attorneys at Law on

Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Seyfarth Shaw LLP

Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

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Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more

Seyfarth Shaw LLP

EEOC Puts High Tech Employers on High Alert Regarding Discrimination

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Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued a report that should have high tech employers on high alert. According to the EEOC’s findings, analysis, and enforcement information, there...more

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

Fisher Phillips

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

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A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

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It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

DirectEmployers Association

OFCCP Week In Review: August 2024

DirectEmployers Association on

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 J. Chambers and Cynthia L. Hackerott. In today’s...more

Robinson Bradshaw

Employers, Be Wary of Built-in Bias from AI Vendors

Robinson Bradshaw on

Employers beware: you could be liable for allowing third-party vendors to use applicant screening software if it results in unlawful discrimination, even when unintentional and without your awareness. Employers who turn to...more

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

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Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Seyfarth Shaw LLP

Commissioner Sonderling to Depart from EEOC in August 2024

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Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

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The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

U.S. Equal Employment Opportunity Commission...

Hank’s Furniture to Pay $110,000 in EEOC Religious Discrimination Lawsuit

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

Settles Federal Charges Nationwide Furniture Retailer Failed to Accommodate an Employee’s Sincerely Held Religious Beliefs and Terminated Her - MOBILE, Ala.  – Hank’s Furniture, Inc. (HFI), a nationwide furniture retailer,...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

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

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Venable LLP

AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

Venable LLP on

We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing....more

Morgan Lewis

AI in the Workplace: The New Legal Landscape Facing US Employers

Morgan Lewis on

Artificial intelligence (AI) is quickly transforming the employment landscape, automating tasks, streamlining processes, and enhancing decision-making. At the same time, the technology raises concerns about potential biases,...more

DCI Consulting

Alternative Sources to Analyze Workforce Availability

DCI Consulting on

Understanding the availability of different demographic groups within the workforce and how that representation compares to a labor force benchmark is essential for organizations aiming to foster diversity and inclusivity....more

Fisher Phillips

AI Hiring Tools Under Attack: ACLU Files Claims with Feds Over Common Hiring Tools

Fisher Phillips on

The ACLU recently fired a clear warning shot to employers by asking the FTC to investigate a personality assessment test, a video interview tool, and a cognitive ability assessment screening device – all powered by artificial...more

DirectEmployers Association

OFCCP Week In Review: June 2024 #2

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment... - JOLTS Report – Job Openings Decreased by 296k in April, Rate Decreased to 4.8% -...more

DirectEmployers Association

OFCCP Week In Review: June 2024

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment,... - EEOC’s $22 Million Settlement with the Social Security - Administration is a...more

Ballard Spahr LLP

EEOC Sues Employers Ahead of This Year’s EEO-1 Reporting Deadline

Ballard Spahr LLP on

The U.S. Equal Employment Opportunity Commission (“EEOC”) took aggressive enforcement measures this week by filing suit against 15 employers that allegedly failed to submit mandatory EEO-1 workforce demographic reports in...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your June To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

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

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

DirectEmployers Association

OFCCP Week In Review: May 2024 #3

DirectEmployers Association on

Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Smithfield Foods for Age Discrimination

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

Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing...more

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