Hiring & Firing Title VII Appeals

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

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

Despite Abercrombie, Fifth Circuit Again Rejects Claim From Employee Fired for Refusing to Read Rosary

Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more

Third Circuit Issues Employer-Friendly Ruling in Discrimination and Retaliation Case

On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more

Third Circuit Rules A Paid Suspension Is Not An Adverse Employment Action

On August 12, 2015, the Third Circuit ruled that a suspension with pay does not constitute an adverse employment action within the meaning of Title VII of the Civil Rights Act of 1964 (Title VII) and the Pennsylvania Human...more

Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more

Abercrombie Resolves Religious Discrimination Case Following Supreme Court Ruling in Favor of EEOC

WASHINGTON - A federal appeals court has granted Abercrombie & Fitch's request to dismiss its appeal of EEOC's successful religious discrimination suit against the company, the federal agency announced today. This represents...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

Single Incident of Severe Verbal Harassment Can Be Sufficient to Establish a Hostile Working Environment

In Boyer-Liberto v. Fontainebleau Corp., 2015 WL 2116849 (4th Cir. May 7, 2015), the Fourth Circuit recently held that an isolated, but "extremely serious" incident of verbal harassment can establish a hostile work...more

Employers Beware in Race Discrimination Cases

Several recent cases highlight the fact that employers should think twice before failing to properly address a Title VII complaint. Failing to do so may result in their winding up in a jury trial. That fact is most recently...more

“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon...

On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to...more

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use...more

Yelling At Employee And Throwing Book In Her Direction Not Sufficient To Support Hostile Work Environment Claim

In Brooks v. Grundmann, a federal court of appeals in the District of Columbia held that a manager’s conduct amounted to no more than “ordinary tribulations of the workplace” and was thus insufficient to support a minority...more

Fourth Circuit Rules that Employers Can be Liable for Third Party Harassment of Their Employees

In Freeman v. Dal-Tile Corp., 2014 WL 1678422 (4th Cir. April 29, 2014), the United States Court of Appeals for the Fourth Circuit ruled that an employer can be liable for third party harassment of its employees. The court...more

Sixth Circuit Issues Second Victory to EEOC in Sex Discrimination Case Against Cintas Corp.

Court Denies Rehearing of Its Earlier Ruling Allowing Systemic Hiring Discrimination Case and Overturning Award of Attorney's Fees; Cintas CEO Likely to be Deposed - WASHINGTON - In a second victory for the U.S. Equal...more

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