News & Analysis as of September 20, 2024

Class Action

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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 -

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

Fisher Phillips on 7/23/2024

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

Vicars Powersports to Pay $75,000 in EEOC Sex Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 4/19/2024

Federal Agency Charges Dealership Fired Female Manager and Replaced Her With Less Experienced Male - ST. LOUIS – Vicars Powersports, a McAlester, Oklahoma retailer of motorsports vehicles, will pay $75,000 and furnish...more

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

Proskauer - Law and the Workplace on 1/19/2022

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

OFCCP Week In Review: November 2021

DirectEmployers Association on 11/2/2021

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 Chambers and Jennifer Polcer. In today’s edition, they...more

California Federal Court Reaffirms Standard for Establishing Commonality in Rule 23 Certification Under Title VII

Miles & Stockbridge P.C. on 4/23/2021

On March 9, 2021, the United States District Court, Northern District of California issued a ruling in Handloser v. HCL Technologies Ltd., 19-cv-01242-LKH, 2021 WL 879802 (Mar. 9, 2021), applying the 2011 Supreme Court...more

Background Checks: The Advent of the New California Employment Class Action

McDermott Will & Emery on 11/6/2020

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Key California Employment Law Cases: June 2020

Payne & Fears on 7/15/2020

Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on 1/23/2020

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

Jacksonville Plumbers Training Trust to Revise Apprentice Selection Process to Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 1/13/2020

Program Discriminated Against Black Applicants in Its Hiring Process, Federal Agency Charged - JACKSONVILLE - Jacksonville Plumbers and Pipefitters Joint Apprenticeship and Training Trust (JPPJATT), which sponsors an...more

Internet Job Postings Pose Legal Perils for Employers

Parker Poe Adams & Bernstein LLP on 1/3/2020

Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify...more

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on 11/4/2019

Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

What Can Employers Expect in 2019?

FordHarrison on 1/18/2019

Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative...more

Working Wise: Proactive Strategies for Pay Equity Issues

K&L Gates LLP on 1/10/2019

In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the...more

Sherwood Food Distributors to Pay $3.6 Million And Offer 150 Jobs To Settle EEOC Class Sex Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 10/17/2018

Food Distribution Company Excluded Women from Entry-Level Warehouse Jobs, Federal Agency Charged - CLEVELAND - Sherwood Food Distributors, LLC, one of the largest independent distributors in the U.S. meat and food...more

Court Rejects Individual Pattern And Practice Claim And Enforces Arbitration Agreement In Discrimination Case

Seyfarth Shaw LLP on 7/26/2018

Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

Littler on 4/9/2018

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

School Scores Summary Judgment Win In ADEA Collective Action

Seyfarth Shaw LLP on 3/15/2018

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on 10/9/2017

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

Seyfarth Shaw LLP on 9/21/2017

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/29/2017

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

EEOC Sued Diversified Maintenance Systems for Race Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 7/6/2017

Tampa-Based Janitorial Service Provider Rejected African-Americans for Jobs and Punished Black Employee for Opposing Discrimination, Federal Agency Charges - BALTIMORE - Janitorial Service Provider Diversified Maintenance...more

Employment Law Navigator – Week in Review: March 2017 #2

Zelle LLP on 3/14/2017

Last week, Magnolia Health, a California company that operates health care and assisted living facilities, agreed to pay $325,000 and furnish other relief to settle a disability discrimination class action lawsuit. In the...more

California Employment Law Notes - March 2017

Proskauer - California Employment Law on 3/9/2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on 2/27/2017

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

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