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

Can You Fire An Employee Who Has Exhausted FMLA Leave?

An employee of yours goes out on medical leave. Suppose that you only have to abide by the federal FMLA law. After 12 weeks, the employee is still out. Can you simply fire the employee?...more

Dehaven’s Transfer & Storage to Pay $35,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Moving Company Fired Expectant Employee Based on Unfounded Belief That Job Was Unsafe for Her, Federal Agency Charged - DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, has...more

EEOC Suit Against Company That Has Never Hired a Woman Miner Can Proceed

Supreme Court Decision Ends Challenge To Agency Conciliation Process - CHICAGO--Relying upon the Supreme Court's 2015 decision in the case, the Southern District of Illinois on January 19th confirmed that the Equal...more

Downriver Community Services Will Pay $31,000 to Settle EEOC Disability Discrimination Lawsuit

Federally-Qualified Health Center Denied Counselor a Reasonable Accommodation, Terminated Her, Then Refused to Rehire Her Because of a Herniated Disc, Federal Agency Charged - DETROIT - Downriver Community Services will...more

New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire...more

Pennsylvania Court Rules Background Screening Law Unconstitutional

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

What Tips the Scale? Obesity as a Perceived Disability Under the ADA

Employers often call with questions about the Americans with Disabilities Act (ADA) as they navigate when and how to make reasonable accommodations for employees with known disabilities. Most are generally familiar with the...more

Seventh Circuit Slams The “Brakes” On The EEOC’s Appeal Of AutoZone ADA Defeat

As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more

Joy Mining Machinery Settles EEOC Genetic Information Non-Discrimination Act Lawsuit

Mining Equipment Manufacturer Will Refrain From Requesting, Requiring or Purchasing Genetic Information - PITTSBURGH - Joy Underground Mining, LLC, trading as Joy Mining Machinery, will provide significant relief to...more

Employment Law Navigator – Week in Review: December 2015 #4

Last week was a big one for the EEOC. Among other things, the agency initiated a lawsuit against McDonald’s Corporate and a Missouri franchisee because the franchisee refused to provide a deaf applicant a sign language...more

Age, sex, and sports media

Sports reporter Colleen Dominguez is 54 years old and has enjoyed a successful career in sports journalism including a lengthy stint at ESPN. Dominguez recently jumped to Fox Sports 1 and believes her age and gender are the...more

EEOC’S Lawsuit Against Costco to Proceed

Court Denies Warehouse Retailer's Attempts to Avoid Trial on Allegations Store Failed to Stop Customer from Stalking and Harassing Employee - CHICAGO - A federal district court judge ruled that the U.S. Equal Employment...more

Job Applicants May Bring Disparate Impact Age Discrimination Claims

Plaintiffs can sue for employment discrimination under federal civil rights laws using two theories. Disparate treatment claims allege that the plaintiff was treated differently based on his or her protected status. Disparate...more

7th Cir. Won’t Let EEOC Skip Pre-Suit Conciliation

When CVS fired store manager Tonia Ramos in 2011, it offered her its standard severance agreement that included a broad release of waivable claims, including claims under Title VII, but explicitly preserving the right to...more

Tepro, Inc. To Pay $600,000 to Settle EEOC Age Discrimination Suit

Company Laid Off Older Employees Based on Their Age, Federal Agency Charged - CHATTANOOGA, Tenn. - Tepro, Inc., a manufacturer of rubber products for the automotive industry, will pay $600,000 and provide other relief to...more

Employment Law Navigator – Week in Review: December 7, 2015 #2

Data breaches were in the news again last week. The Association of Corporate Counsel released findings including the startling news that one-third of in-house counsel reported their organization had suffered a data breach...more

Bloodline: We did a bad thing

“We’re not bad people, but we did a bad thing.” This is the tagline for the Netflix original thriller-drama Bloodline. If you haven’t seen it, run to add it to your watch list immediately. The show takes us into the lives of...more

Ninth Circuit Allows EEOC To Obtain Private Employee Information During Investigations

The Ninth Circuit recently held that during an EEOC investigation, employers can be forced to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of their employees or employment...more

Shefa Wellness Center to Pay $37,000 to Settle EEOC Pregnancy Discrimination Suit

Company Violated Law by Firing Pregnant Employee, Federal Agency Charged - ATLANTA - CFS Health Management Inc., dba Shefa Wellness Center, a Canton, Ga., medical practice specializing in cosmetic skin care treatments,...more

Will A Court Think You Are Naughty or Nice This Holiday Season?

Religious discrimination cases have been all over the headlines in 2015. The most recognizable case involves Kim Davis, the Kentucky county clerk who refused to issue marriage licenses in protest of the legalization of...more

Portland, Oregon Bans the Box

On November 25, 2015, Portland’s City Council unanimously passed new rules that will significantly affect an employer’s ability to obtain and use criminal history information in the hiring process. With these new rules,...more

OHM Concessions Will Pay $151,000 to Settle EEOC Disability Discrimination Suit

Restaurant Fired Manager Days Before Medical Leave for Cancer Surgery, Federal Agency Charged - BALTIMORE - OHM Concessions Group, LLC, which operates Dunkin' Donuts stores at Baltimore-Washington International Airport...more

Female Laundry Workers Receive $582,000 in Settlement of EEOC Sexual Harassment Case

Victory for Latina Immigrant Workers Who Were Harassed by Supervisor - NEW YORK - Suffolk Laundry Services, Inc. will pay $582,000 to eight former employees to settle a sexual harassment lawsuit brought by the U.S. Equal...more

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