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

Knock-Knock, Who’s There? The EEOC: When the EEOC’s Can Investigate an Employer’s Premises Without Prior Consent

When the EEOC investigates a charge of discrimination, it may employ one of several investigatory methods, including site inspections. In EEOC v. Nucor Steel Gallatin, Inc., a case of national first impression, a Kentucky...more

EEOC Sues KB Staffing For Disability Discrimination

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, made unlawful pre-offer health...more

EEOC Obtains Over $66,000 from Moonshine Group and True Country for Pregnancy Discrimination

Tempe Bar Fired Bartender Because She Was Pregnant, Federal Agency Charged - PHOENIX - The owners/operators of the Moonshine Whiskey Bar in Tempe, Ariz., will pay $66,000 and furnish other relief to settle a pregnancy...more

“Ban the Box” Gains Momentum, At Least with Public Employers – Tennessee Becomes Latest State to Bar State Agencies from Asking...

Tennessee has become one of the latest states to “ban the box,” joining a growing list of jurisdictions barring employers from asking about job applicants’ criminal histories. As of April 18, 2016, a total of 23 states and...more

Investigating Illegal Aliens’ Charges: Fourth Circuit Says EEOC Can Serve Subpoena On Employer

Seyfarth Synopsis: This Fourth Circuit ruling opens the door for the EEOC to investigate employers as a result of EEOC charges brought by unauthorized employees, even though an illegal alien worker may not be able to seek...more

Morse Moving & Storage to Pay $30,000 to Settle EEOC Retaliation Lawsuit

Moving Company Fired an Employee Because She Complained of Harassment, Agency Says - DETROIT - Morse Moving & Storage, a residential and corporate moving services provider based in Romulus, Mich., will pay $30,000 to...more

Mission Hospital Sued By EEOC For Religious Discrimination

Asheville Hospital Fired Employees Who Declined Flu Vaccinations Based on Their Religious Beliefs, Federal Agency Charged - ASHEVILLE, N.C. - Mission Hospital, Inc., a North Carolina corporation based in Asheville,...more

Recordkeeping Non-Compliance Will Cost You—the EEOC Settles its Sex Discrimination Case Against Coca-Cola Bottling of Mobile

We posted in October 2015 about the EEOC filing suit against Coca-Cola Bottling of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleged that in June 2010 Martina...more

Retailer - Spring 2016

NEWS & ANALYSIS - Hiring 101 for Retail Employers - Hiring good employees is a challenge, especially in the retail industry. But by following a few tips, you can make better decisions and reduce your risk of...more

Lawler Foods to Pay over $1 Million to Settle EEOC Race and National Origin Discrimination Suit

Bakery Refused to Hire Applicants Based on Their Race/National Origin, Federal Agency Alleged - HOUSTON - A large local bakery will pay $1,042,000 as part of the settlement of a class race and national origin...more

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

Government Outlines Key Labor and Employment Initiatives

Representatives of the Equal Employment Opportunity Commission (EEOC), as well as the Department of Labor and the Department of Justice (DOJ), participated in an American Bar Association Equal Opportunity Law conference in...more

Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

Since the Americans with Disabilities Act was adopted, the Equal Employment Opportunity Commission has considered morbid obesity to fall within the definition of a protected disability. Earlier this month, the Eighth Circuit...more

Milpitas to Pay $140,000 to Settle EEOC Age Discrimination Suit

City Denied Qualified Applicants Employment Because of Age, Federal Agency Charged - SAN FRANCISCO - The City of Milpitas will pay $140,000 and provide other relief to settle an age discrimination lawsuit by the U.S....more

Union and Apprentice Program To Pay $1,650,000 to Settle Part of EEOC Race Bias Lawsuit

New Jersey's Local 25 Sheet Metal Union Failed to Employ Black and Hispanic Journeypersons, Federal Agency Charged - NEW YORK - Local 25 of the Sheet Metal Workers' International Association and its associated...more

Obesity Not A Disability Without An Underlying Medical Cause

In June of last year, we pondered whether obesity is a mere physical characteristic or a disability protected by the Americans with Disabilities Act (ADA) as now amended by the Americans with Disabilities Act Amendments Act...more

More On HB 2 And Wrongful Discharge: My Response To Charlotte Magazine

For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article “The...more

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Question #274: Opining on Obesity

Question: We have a large meat processing facility in Northern Minnesota. We were recently hiring for one of our positions in the plant requiring work with large mechanical equipment. Because we consider this position to be...more

Ignore The Hype: Here’s What Employers Need To Know About North Carolina’s HB 2

Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more

Is Obesity A “Per Se” Disability? One Court Says No.

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was...more

Austin, Texas Passes Ban the Box Ordinance

The city of Austin in Texas is the latest major city to pass a Ban the Box ordinance which affects private employers.  Ordinance No. 20160324-019 was approved on March 24, 2016 by a vote of 8 – 2. ...more

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under...

In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more

EEOC Files Suit Targeting Employment Application “Health History”

On March 22, 2016, the Equal Employment Opportunity Commission (“EEOC”) filed suit in the United States District Court for the Western District of Missouri against Grisham Farm Products, Inc. alleging that its employment...more

“Ban-the-Box” and Other Laws Limiting an Employer’s Use of Criminal History

Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more

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