Hiring & Firing Title VII

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 -
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Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

Onionhead: Do Firings Over a Non-Religious Practice Violate Title VII?

A Syosset, New York company is being charged with violating Title VII of the Civil Rights Act after employees claimed they were fired for not participating in the belief system of the employer. It appears to be a clear...more

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...more

EEOC Sues Bliss Cabaret for Race Discrimination and Retaliation

Clearwater Adult Club Fired Manager for Opposing Owner's Racially Discriminatory Practice, Federal Agency Charges - TAMPA, Fla - A Clearwater, Fla., adult entertainment club violated federal law by racially...more

Keeping it Short: Employers Can Use Employment Applications to Reduce Employees' Time to Sue

In a rare victory for employers, New Jersey’s Appellate Division upheld an employment application provision that shortened the two-year statute of limitations applicable to claims against an employer to six months. Rodriguez...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 49: EEOC Takes On Background Checks

Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes. For over 40 years, the courts have...more

Breaking Down New Regulatory and Administrative Initiatives in the L&E Space

Recently, the NLRB chair, Mark G. Pearce, confirmed that the Board will continue its emphasis on social media cases. In 2011 and 2012, NLRB Acting General Counsel Lafe Solomon released three memoranda detailing the results of...more

EEOC Sues Employer for Imposing "Onionhead" Religious Beliefs

Within the next several days, the U.S. Supreme Court is expected to release its decision regarding the government’s authority under the Affordable Care Act to require private employers to provide contraceptive care to...more

EEOC Background Check Guidance Under Fire - House Subcommittee on Workforce Protections Hears Testimony on Controversial Rules

On June 10, the House Subcommittee on Workforce Protections heard testimony regarding the Equal Employment Opportunity Commission’s (EEOC) controversial background check guidance. Comments focused on the difficulties faced by...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 41: Discrimination Laws Apply To...

Illegal immigration is one of the biggest political issues of the 21st Century in the United States, as both political parties support the reform of immigration laws in one way or another. Until the laws are reformed, the...more

EEOC Sues Massage Envy Spa Franchise for Pregnancy Discrimination

Spa Fired Female Employee Because She Was Pregnant, Federal Agency Charges - CHARLOTTE, N.C. - CCR Wellness Investments, LLC, d/b/a Massage Envy, violated federal law when it terminated a female employee because she...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 39: Statistics In Discrimination Cases

Statistics have been a component of discrimination litigation since Title VII enforcement actions began to catch on. Normally, statistics arise in a disparate impact discrimination claim – where a facially neutral employment...more

Greystar Management Services Will Pay $25,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Management Services Company Fired Pregnant Housekeeper, Federal Agency Charged - BALTIMORE - Greystar Management Services, LP, will pay $25,000 and furnish significant remedial relief to settle a federal pregnancy...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 37: The Supreme Court Raises The Bar On...

Throughout this series, we have discussed how common retaliation claims have become and how challenging the courts have found it to define “causation” in the context of Title VII cases. Those two trends intersected recently...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 31: Discrimination Claims are Arbitrable

Arbitration agreements are a common feature of employment relationships today, widely used as a tool for avoiding jury trials of discrimination, harassment and other employment-related disputes. But before 1991, when the...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 23: After-Acquired Evidence

“You did what? If I Hadn’t Already Fired You, I’d Fire You Now!” What if? This is the question that has followed Title VII since its inception: how do you apply this revolutionary (yet seemingly straightforward) prohibition...more

Four Hawaii Farms to Pay $2.4 Million to Thai Workers to Settle EEOC National Origin and Retaliation Employment Discrimination...

Additional Relief in the Form of Job Offers and Other Benefits Will Be Offered to Vulnerable Thai Laborers, Says Federal Agency - LOS ANGELES - Three years after filing suit against farm labor contractor Global...more

Employer Can Be Liable for Negligently Terminating an Employee Based on Co-Worker’s Discriminatory Conduct

On May 23, 2013, the U.S. Court of Appeals for the First Circuit held in Velazquez-Perez v. Developers Diversified Realty Corp. that an employer may be liable under Title VII for negligently terminating an employee. Although...more

Rogue CFO III – Background Checks

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...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

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 8: The Supreme Court Finds That...

People don’t discriminate by accident. But in the wake of the passage of Title VII, employers began adopting facially neutral policies which had the effect of discriminating against protected classes. Before Title VII became...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 6: In 1967, Congress Prohibits Age...

The 1964 enactment of Title VII was a watershed moment in workplace civil rights, but the new law was selective in its protections. Workers were protected from discrimination based on race, sex and religion, for example, but...more

Is Use of False SSN Dishonest?

Can you refuse to hire an authorized worker – even a U.S. citizen – because once upon a time he used a false Social Security number? In Guerrero v. California Department of Corrections & Rehabilitation, No. C 13-05671 WHA...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

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