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Hiring & Firing › Screening Procedures

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 -
Decipher Investigative Intelligence

Cruel Summer: How to Lower Risks This On-Campus Interviewing Season

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It’s OCI season, and law firms are already scrambling to recruit the next batch of summer associates. But it’s imperative to remember that your potential summer associates carry risk, too — and a Zoom interview and a quick...more

DirectEmployers Association

DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools

DirectEmployers Association on

Interesting story for employers whose ATS uses AI for hiring activities! Listen in as Candee and John discuss the Mobley v. Workday case in which a District Court recently ruled that Workday acts as agent of the employer,...more

Ius Laboris

Pre-Employment Screening: What is Allowed?

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Employers typically expend a great deal of effort on application processes, in order to make an informed hiring decision and to avoid hiring unsuitable candidates who quit or are fired after a short time....more

Fox Rothschild LLP

Can an Employer Review Social Media Posts While Assessing Candidates?

Fox Rothschild LLP on

Can an employer review social media posts for the purpose of assessing job candidates? Sometimes, according to a guide on data protection in employment released by the national Data Protection Authority for Latvia, Datu...more

Whiteford

Employment Law Update: The Department of Labor Joins Growing List of Agencies Targeting AI Selection Tools for Enforcement

Whiteford on

In a joint statement issued on April 4, 2024, five federal agencies, including the Department of Labor, announced they will apply their enforcement authorities to the use of automated systems, including artificial...more

Littler

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

Littler on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

Burns & Levinson LLP

If You Use Background Checks to Vet New Employees, Don’t do This….

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While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more

Littler

County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal...

Littler on

In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance.  A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more

Littler

How Artificial Intelligence Tools Can Increase Diversity

Littler on

Artificial intelligence (AI) continues to dominate headlines and even the most recent Super Bowl advertisements. The use of AI in the workplace is rapidly expanding in a wide variety of ways throughout the hiring process,...more

DirectEmployers Association

DE Under 3: Complaint Dismissed Alleging an Applicant Screening Tool Discriminated Based on Race, Age, & Disability

DirectEmployers Association on

Tune into this episode of DE Under 3 as our labor law experts dive into the recently dismissed complaint alleging that the algorithm-based applicant screening tool, Workday, discriminated against the plaintiff and other...more

Littler

Pay Transparency Arrives at the Nation’s Capital

Littler on

The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings.  In addition to pay scale disclosure, the District of Columbia Wage Transparency...more

Mitratech Holdings, Inc

[Webinar] Candidates Lie: How Candidate Verification and Screening Can Reduce Risk - December 19th, 2:00 pm CT

Mitratech Holdings, Inc on

Candidates Lie - Here’s What You Can Do About It - Candidates may embellish or outright lie during the application and hiring process. This is a situation many HR professionals are already familiar with, but what happens...more

Perkins Coie

Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

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Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

CDF Labor Law LLP

California’s FEHA Liability Extends to Service Providers

CDF Labor Law LLP on

A recent unanimous California Supreme Court decision makes clear that when third-party entities provide services to employers with California applicants and/or employees, they may risk being held liable under the FEHA....more

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

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The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

CDF Labor Law LLP

Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants.

CDF Labor Law LLP on

Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the employer alleging that its...more

Epstein Becker & Green

The AI Lawyer: A New Practice Area and a Fertile Ground for Future Litigation

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Searching the internet for “AI and litigation” reveals tons of results about how AI will either replace lawyers or transform the legal profession. These results are unsurprising. Since the early 2010s, articles focusing on...more

Troutman Pepper

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRA

Troutman Pepper on

Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more

ArentFox Schiff

EEOC Warns Against the Potential Adverse Impact of Artificial Intelligence

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The Equal Employment Opportunity Commission (EEOC) has issued a resource outlining potential liability under Title VII of the Civil Rights Act of 1964 (Title VII) for employers who utilize algorithmic decision-making...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases New Resource on Artificial Intelligence and Title VII

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

WASHINGTON – Today the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection...more

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

Littler

Chicago Enacts Amendments to and Expands Requirements of its Criminal History Screening Ordinance

Littler on

For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more

BCLP

Reminder For Illinois (And Other) Employers: Restrictions Apply When Using Artificial Intelligence Analysis During The Hiring...

BCLP on

Illinois and other jurisdictions have adopted, or are considering, laws establishing parameters for employer use of AI during the hiring process. The current attention being given to ChatGPT and other technologies using...more

Venable LLP

Vetting Candidates: Creating a Hiring Process That Prioritizes Student Safety

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Student safety and security is of paramount importance in independent schools. While the goal of a hiring process is primarily to find the best candidate for the position, it is imperative that schools craft policies and...more

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