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 -
News & Analysis as of

Employers Take Note: Employment Applications Must Comply With "Ban the Box" Legislation by January 1, 2017

If you have not already done your “Ban the Box” revisions to your initial employment application paperwork there is still time, but do not delay! Effective January 1, 2017 Connecticut prohibits employers from asking about a...more

New York City Agencies Are Prohibited From Making Pay History Inquiries – At Least For Now

Executive Order 21 – City Agencies Only New York Mayor Bill de Blasio is engaged in a flurry of pre-election actions.  Most recently, he signed Executive Order 21, which prohibits New York City agencies from asking...more

The Fair Credit Reporting Act is Not Just About Credit Reports

Employers have the legal ability and opportunity to utilize information contained in consumer credit reports to evaluate employees if they follow the rules. But if you don’t understand the rules and, therefore, fail to...more

DOJ, FTC Announce Plans to Criminally Prosecute Employers That Enter into Wage-Fixing or No-Poaching Agreements

In the fiercely competitive market for talent, human resources personnel and recruiters inevitably feel the competing pressures of offering compensation packages that are attractive to potential employees and keeping costs...more

J.B. Hunt Transport Settles EEOC Religious Discrimination Charge for $260,000

Sikh Applicants Denied Religious Accommodation During the Hiring Process, Federal Agency Charges - LOS ANGELES - J.B. Hunt Transport, Inc., one of the largest transportation logistics companies in North America, will pay...more

White House Urges States to Reform Non-Competition Laws

On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the White House which...more

The Age of “Big Data”: How Your Electronic Applicant Searches May Be Complicating Your Talent Search

How do you hire only the “best” employees? How does any employer find the time to “vet” the hundreds or even thousands of job seekers applying for positions? A number of employers have turned to “big data” – the use of...more

Ban the Box, But Do Your Due Diligence

Connecticut has now joined other states with its passage of “ban the box” legislation which expressly limits the types of questions that can be asked of applicants on initial employment applications. Many states and...more

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act...more

Antitrust Division Threatens Criminal Prosecution for Employment Practices: Antitrust Agencies Issue Joint Guidance on Employment...

Even in the absence of an agreement to fix compensation, simply exchanging competitively sensitive information could serve as evidence of an implicit illegal agreement. On October 20, the Department of Justice (DOJ) and...more

DOJ and FTC Release Antitrust Guidance for HR Professionals

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

Assembly Bill 1843 Prohibits Employers from Inquiring about Juvenile Convictions or Using Juvenile Proceedings In Employment

Effective January 1, 2017, Assembly Bill 1843 prohibits hiring-related inquiries concerning juvenile convictions or from using information regarding juvenile court actions or custodial detentions as a factor in determining...more

Recent Disability Discrimination Cases Outline Employer Responsibilities

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for...more

The Employment Law Authority - November/December 2016

Court Upholds Employer’s Dreadlock Ban Finds Grooming Policy Did Not Violate Title VII of the Civil Rights Act - A federal appellate court recently held that an employer’s policy banning dreadlocks did not constitute...more

Spokeo Gets Lyft Off

The Northern District of California dismissed a Fair Credit Reporting Act case against Lyft upon finding that plaintiff lacked Article III standing based on the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct....more

Sharp Healthcare To Pay $90,000 To Settle

Job Applicant Seeking a Surgical Technologist Position Was Perceived as Disabled and Denied Employment, Federal Agency Charged - SAN DIEGO - Sharp Healthcare, one of the largest private employers in San Diego County will...more

Attention HR: The Antitrust Laws Apply To You Too!

Human resources professionals keep track of a number of laws and regulations administered by several different agencies. For the most part, HR departments have given little attention to federal antitrust law compliance. After...more

Federal Regulators to HR Professionals: Remember that the Antitrust Laws Apply to Employment Too

The Department of Justice and the Federal Trade Commission jointly issued an Antitrust Guidance for Human Resources Professionals on October 20, 2016. The DOJ and FTC’s guidance follows several highly publicized...more

DOJ and FTC Issue Guidance and Announce Policy Shift Regarding Antitrust Challenges to Hiring and Compensation Decisions

The U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resources Professionals on October 20, 2016. The guidance addresses the applicability of...more

Littler’s Zev Eigen Speaks on Use of Big Data in Employment Decisions at NYU Law School Conference on AI, People Analytics, &...

On October 17, 2016, NYU School of Law’s Center on Labor & Employment Law empaneled Littler’s Global Director of Data Analytics Dr. Zev J. Eigen, U.S. Equal Employment Opportunity Commission Chair Jenny R. Yang, and Professor...more

DOJ Toughens Stance on Certain Employment-Related Agreements Between Competitors - New Antitrust Guidance Threatens Criminal...

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) on Oct. 20, 2016, jointly released Antitrust Guidance for Human Resource Professionals, cautioning employers about...more

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

Class Action Age Discrimination Case Against Google Moves Forward

A software developer in California recently prevailed in a key ruling regarding her lawsuit against Google. The developer, Cheryl Fillekes, originally brought a suit against the multinational technology company in 2015,...more

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