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Hiring & Firing › Race Discrimination › Employment Litigation

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 -
Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Seyfarth Shaw LLP

EEOC Puts High Tech Employers on High Alert Regarding Discrimination

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Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued a report that should have high tech employers on high alert. According to the EEOC’s findings, analysis, and enforcement information, there...more

Littler

Littler Lightbulb: July Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sheetz, Inc. For Racially Discriminatory Hiring Practice

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charges That Employer's Criminal History Screening Causes Discriminatory Impact Against Black, Native American and Other Workers- BALTIMORE – Sheetz, a large convenience store chain, violated federal law by...more

Seyfarth Shaw LLP

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

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The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

DirectEmployers Association

OFCCP Week In Review: April 2024 #2

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Tuesday, April 2, 2024: February JOLTS Report – Job Openings Continue to Stagnate Month Over Month, Rate Unchanged for the Third Month in a Row- The most recent Job Openings and Labor Turnover Survey (“JOLTS”) Report...more

Seyfarth Shaw LLP

White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive...

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Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more

Tucker Arensberg, P.C.

Staffing Agency Employee Considered a School District Employee for Title VII Claim

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In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle...more

Burr & Forman

The Burr Broadcast: EEOC Strategic Enforcement Plan

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In this episode of The Burr Broadcast, Labor and Employment attorney Savannah McCabe discusses the newly released Strategic Enforcement Plan and its impact on employers....more

Spilman Thomas & Battle, PLLC

Groff v. DeJoy and Its Impact on Religious Accommodation

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Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

Fisher Phillips

Federal Appeals Court Expands Employee Retaliation Options: 3 Steps Employers Can Take to Prepare

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A federal appeals court recently expanded the set of options available to employees who bring retaliation claims against their employers or former employers. This major workplace discrimination decision from the 11th Circuit...more

Carlton Fields

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was...

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In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more

McAfee & Taft

Couple’s discrimination and retaliation case against Colorado Supreme Court dismissed

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Judges and courts enforce anti-discrimination and retaliation laws, but are they ever accused of violating those laws themselves? That is exactly what was alleged in a recent Tenth Circuit case that offers helpful takeaways...more

CDF Labor Law LLP

Concerns About Corporate DEI Are Real in the Post Harvard/UNC World

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In 2021, in Duvall v. Novant Health, a North Carolina jury awarded a former white Novant Health executive over $3 million dollars in actual damages based on race discrimination allegations centering around assertions that...more

Jenner & Block

[Webinar] Post-SFFA Briefing: Risks and Strategies for Corporations after the Supreme Court’s Decision in Students for Fair...

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Please join us for a briefing on the US Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA). In this webinar, Partners Ishan K. Bhabha and Lauren J. Hartz and Special Counsel Marcus A.R. Childress will...more

Burns & Levinson LLP

Why Not Try To Preempt Employee Claims by Shortening the “Statute” of Limitations?

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No company wants to be sued by its current or former employees, particularly for discrimination claims. Even if you prevail, litigating such claims inevitably exposes you to public stigma and internal discord. In such...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

Genova Burns LLC on

On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

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Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...more

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

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

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

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #2

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

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

Sixth Circuit: Employee-Driven Talk About Retirement Does Not Prove Employer’s Discriminatory Pretext

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

Talking to an employee about her retirement plans when considering the termination of her employment as discipline for a policy violation is not per se age discrimination, according to the U.S. Court of Appeals for the Sixth...more

FordHarrison

Second Circuit Clarifies Factors to be Considered in Pleading a Joint Employer Relationship for Title VII Liability

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Executive Summary: On March 7, 2022, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) addressed the question of what a Title VII plaintiff must claim to adequately plead the...more

Poyner Spruill LLP

EEOC Announces Two Recent Settlements of Title VII Race Lawsuits

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The Equal Employment Opportunity Commission (EEOC) recently announced two high-profile settlements of race claims – one for discrimination and one for harassment – that highlight the dangers of employers failing to protect...more

Proskauer - Law and the Workplace

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

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On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more

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