Hiring & Firing Equal Employment Opportunity Commission Title VII

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

Employee was fired for violating employer’s “no pregnancy” policy

Pregnancy discrimination lawsuits often come down to questions of whether the employer knew the employee was pregnant, and if so, whether the action taken against the employee was truly tied to the employee’s pregnancy. But,...more

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

How long do I keep applications?

Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that...more

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet

The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for...more

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

EEOC Sues Dehaven’s Transfer & Storage, Inc. for Pregnancy Discrimination

Moving Company Fired Female Employee Because She Was Pregnant, Federal Agency Charges - DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, violated federal law when it fired a...more

EEOC Sues Nestlé Waters North America for Sex Discrimination

Female Employee Denied Promotion and Terminated Because of Her Gender, Federal Agency Charged - TAMPA, Fla. - Nestlé Waters North America (NWNA), a Stamford, Conn.-based division of Nestlé Waters, the world's largest...more

QSI Business Solutions, LLC Sued By EEOC For Pregnancy Discrimination

Company Violated Federal Law by Refusing to Hire Pregnant Employee, Federal Agency Charged - ATLANTA - QSI Business Solutions, a Dalton, Georgia, staffing and temporary employment agency, violated federal law by refusing...more

EEOC Sues North Memorial for Retaliating Against Job Applicant

Federal Agency Alleges Health System Withdrew Job Offer From Employee Who Requested Religious Accommodation - MINNEAPOLIS - North Memorial Health Care, an independent health system based in Robbinsdale, Minn., violated...more

EEOC Charges Dunkin’ Donuts Franchisee With Sexual Harassment, Retaliation Against Teens

Store Manager Torments Young Female Staff and Terminated Worker Who Opposed Sexual Harassment, Federal Agency Charges - NEW YORK - A franchisee of Dunkin' Donuts with multiple stores and one office/kitchen in Westchester...more

EmCare Challenges Sex Harassment Jury Verdict

EmCare Inc., a Dallas-based company that specializes in providing physician medical services, asked a federal court in Texas last week to reverse a $500,000 jury verdict awarded to three former employees who were terminated...more

The Employment Law Authority - July/August 2015

A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more

EEOC Wins Jury Verdict of over $17 Million for Victims of Sexual Harassment and Retaliation at Moreno Farms

Florida Farm Managers Subjected Women Workers to Coerced Sex, Groping and Verbal Abuse, Then Fired Them for Objecting, Federal Agency Charged - MIAMI -- A federal jury has returned a unanimous verdict awarding a total of...more

BMW Signs Consent Decree – Background Screening

BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through...more

BMW to Pay $1.6 Million and Offer Jobs to Settle Federal Race Discrimination Lawsuit

Company's Criminal Background Policy Disproportionately Affected African-American Logistics Workers, EEOC Charged - GREENVILLE, S.C. - The U.S. District Court for the District of South Carolina today entered a consent...more

EEOC Suit Challenging Doherty Enterprises' Attempt to Bar Discrimination Charges Will Go Forward

Court Rejects Doherty's Argument That EEOC Cannot Proceed Without Discrimination Charge and Conciliation, Denies Motion to Dismiss - MIAMI - A federal judge has denied a motion to dismiss a claim for a pattern or...more

Getting Releases Right

There are times when it makes sense to resolve an actual or potential employment law claim by paying something and getting a release from the employee. Paying severance in return for a release and waiver of claims isn’t...more

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

EEOC: Title VII Prohibits Employment Discrimination Based On Sexual Orientation

The recent U.S. Supreme Court decision in Obergefell v. Hodges struck down restrictions on marriage by same-sex couples, but it did not address other forms of discrimination based on sexual orientation, such as in employment....more

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

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