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Hiring & Firing › Human Rights Code

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

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SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

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New York Governor Signs Clean Slate Law to Seal Older Criminal Convictions

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On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against...more

BakerHostetler

Attention, New York City Employers: Discrimination Based on Height or Weight Is Now Prohibited

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As previewed in a prior alert, discrimination based on height or weight is now prohibited in New York City. On May 26, Mayor Eric Adams signed into law the bill that the New York City Council passed on May 11, which adds a...more

Littler

British Columbia Tribunal Finds Employer that Unilaterally Removed Employee on Maternity Leave from Management Position Liable for...

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The British Columbia Human Rights Tribunal’s decision in LaFleche v. NLFD Auto, 2022 BCHRT 88, provides employers with insight into how they should conduct themselves while their employees are on a leave of absence.  The...more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

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Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

Littler

Ontario, Canada: Arbitrator Reinstates Nurse who Misappropriated Narcotics from Patients for Her Own Use and Falsified Records to...

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Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more

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Everything Else You Need to Know About New York City’s FCA—New Rules Effective August 5, 2017

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New York City has issued new rules interpreting the city’s Fair Chance Act (FCA). These rules, which went into effect on August 5, 2017, provide clarification and guidance on how employers can comply with the requirements of...more

BCLP

Avoiding State Law Pitfalls (Part 1 of 4)

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This is the first hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Navigating the treacherous waters of federal employment law is not easy. ...more

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New York City Employers Will Soon Be Restricted in Asking Applicants About Salary Histories

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On April 5, 2017, the New York City Council passed Intro No. 1253-2016 restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process. The...more

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

Eighth Circuit Methodically Rejects Plaintiff’s Allegations of Pretext in Age Discrimination Case

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On March 1, 2017, the Eighth Circuit Court of Appeals issued an important decision affirming summary judgment in an age discrimination claim under the Minnesota Human Rights Act. Although the case, Nash v. Optomec, Inc., did...more

Fisher Phillips

Broadway's 'Hamilton' Teaches Lessons To Employers

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A recent controversy over the hit Broadway show “Hamilton” can teach employers a valuable lesson about hiring and making other employment decisions. The producers of the show were accused of discriminatory hiring practices...more

Dickinson Wright

Labour and Employment Criminal Background Checks

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In an increasingly competitive business environment, it is perhaps more important than ever for employers to exercise prudence and caution in hiring and maintaining their workforce. Background checks, including criminal...more

Littler

New York City Council Bans the Box

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Following closely on the heels of a citywide bill restricting employer’s use of credit information for employment decisions, on June 10, 2015, the New York City Council passed a new bill restricting an employer’s ability to...more

Sands Anderson PC

2015 Virginia Employment Law Pocket Guide

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In this Guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

Mintz - Employment, Labor & Benefits...

New York City Council Continues Push to Ban Credit Checks in Connection with Employment Decisions

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The New York City Council’s Committee on Civil Rights recently held a hearing on a bill that would amend the New York City Human Rights Law to prohibit employers from basing an employment decision on the consumer credit...more

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

2014 Louisiana Legislative Update

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The Louisiana 2014 Regular Legislative Session closed on June 9, 2014. In the subsequent weeks, Governor Bobby Jindal signed into law several bills that affect employers. These new laws, which are summarized below, became...more

Dorsey & Whitney LLP

Minnesota Enacts the Women’s Economic Security Act Imposing Many New Obligations On Employers

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On Sunday, May 11, 2014, Governor Mark Dayton signed into law a package of bills dubbed the Women’s Economic Security Act (“WESA”), which will have significant implications for Minnesota employers. Many of WESA’s provisions...more

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