News & Analysis as of

Hiring & Firing Job Applicants

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 -

Delaware Follows Suit, Joins Number of Jurisdictions Banning Salary History Inquiries

On June 14, 2017, Delaware’s governor signed a measure enacting a pay history inquiry ban similar to those enacted recently in Massachusetts, New York City, Philadelphia, and Puerto Rico. Specifically, Title 19 of the...more

The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more

Delaware Becomes Third State to Ban Pay History Inquiries

by Saul Ewing LLP on

On June 14, 2017, Governor John Carney made Delaware the third state to ban inquiries regarding pay history during the employment application process. Delaware joins Massachusetts and Oregon, as well as Puerto Rico, New York...more

Delaware and Oregon Join the Movement Banning Employers from Making Salary History Inquiries

by Baker Donelson on

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary...more

Background Checks by Province: What Employers Need to Know

Background screening job candidates is an important part of an employer’s recruitment process. There are several different background checks that are generally permissible in Canada, but employers must tread carefully. ...more

Try Not to be so Friendly: Current Issues in Interviews and Advertising

by Davis Brown Law Firm on

Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially...more

The EEOC Is Taking a Close Look at the Challenges Facing the ADEA

by Foley & Lardner LLP on

The Equal Employment Opportunity Commission (EEOC) is paying close attention to the issue of age discrimination and to the many challenges facing the Age Discrimination in Employment Act (ADEA) 50 years after its enactment....more

Positive No More: Rhode Island Employers Need to Think Twice Before Denying Employment Based on a Positive Drug Test

In a recently issued trial court decision, Callaghan v. Darlington Fabrics Corp., a Rhode Island Superior Court justice held that an employer could not deny employment to an applicant licensed under state law to possess and...more

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

by Nossaman LLP on

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more

Delaware Joins Bandwagon Prohibiting Salary History Inquiries

by Fox Rothschild LLP on

Delaware is the latest state to prohibit employers from inquiring about the salary history of job applicants. The new Delaware law makes it an unlawful employment practice for an employer or an employer’s agent to screen...more

Business Group Files Amended Complaint In Lawsuit Challenging Philadelphia Wage History Law

by Jackson Lewis P.C. on

Philadelphia’s Wage History Ordinance, initially scheduled to take effect on May 23, 2017, remains on hold. The Ordinance has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction...more

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

by Littler on

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

HospitalityStaff To Pay $30,000 To Settle EEOC Religious Discrimination Lawsuit

Staffing Company Refused to Accommodate Rastafarian Employee's Dreadlocks, Federal Agency Charged - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry will pay $30,000...more

California Legislative Update: Several Labor and Employment Bills Passed in the Assembly

Several California labor and employment law bills passed in the state assembly or senate before the June 2, 2017, legislative deadline. The legislature now has until September 15, 2017, to pass these bills in the second...more

Massachusetts Employers, Act Now to Prepare for the New Pay Equity Law: Insights from Nutter’s David C. Henderson

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, analyzed the new Massachusetts pay equity law in Nutter Insights. David discussed what...more

Hiring Best Practices: 5 DO's and DON’Ts When a Job Applicant Announces a Pregnancy

Want a road map for how not to react to a successful job applicant who announces her pregnancy immediately after receiving an offer letter? Look at the reaction of one prospective employer in Florida who recently settled a...more

CLIENT ALERT: 2017 Criminal Background Laws

More and more employers in California are becoming subject to legal restrictions on the use of criminal history information when making employment decisions. The City of San Francisco passed the Fair Chance Ordinance, which...more

Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed

by Seyfarth Shaw LLP on

Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more

Interviewing An Individual With A Visible Disability: From The Employer’s Perspective

by Jackson Lewis P.C. on

In a recent Q&A on the “Ask a Manager” blog, an individual wrote in to say that she had a genetic disorder requiring the use of a cane for walking and ring braces for finger stability. Although she had been public about her...more

Scottsdale Car Dealership to Pay $45,000 To Settle Disability Discrimination Lawsuit

Bell Lexus and The Berge Group Refused to Hire Woman Because of a Prescription Drug She Took for Her Disability, Federal Agency Charged - PHOENIX - Two Scottsdale, Ariz., companies will pay $45,000 and furnish other relief...more

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

by Allen Matkins on

Effective July 1, 2017, the regulations under the Fair Employment and Housing Act will identify new circumstances in which employers may face liability for considering criminal history in making employment decisions such as...more

Best practices for Oklahoma employers when inquiring about criminal histories

by McAfee & Taft on

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record....more

EEOC to Examine Age Discrimination at Commission Meeting

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, June 14, from 9:30 a.m. to 12:30 p.m. (Eastern Time), at agency headquarters, 131 M Street, N.E., Washington, D.C. The...more

Is New Jersey Next In Line To Ban Questions About A Job Applicant's Salary History?

Last month, at our breakfast seminar on DOL Hot Topics, I reported on ordinances adopted in New York City and Philadelphia, which prohibit employers from asking job applicants about their salary history. These laws seek to...more

Happy Halloween! NYC's Salary Inquiry Ban To Become Effective on October 31

by Foley & Lardner LLP on

Boo! It appears that fright-fest preparations for New York City employers will come early this year now that Mayor de Blasio has signed a New York City law that prohibits employers from inquiring into or relying on a job...more

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