News & Analysis as of

Job Applicants

Try Not to be so Friendly: Current Issues in Interviews and Advertising

by Davis Brown Law Firm on

Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially...more

The EEOC Is Taking a Close Look at the Challenges Facing the ADEA

by Foley & Lardner LLP on

The Equal Employment Opportunity Commission (EEOC) is paying close attention to the issue of age discrimination and to the many challenges facing the Age Discrimination in Employment Act (ADEA) 50 years after its enactment....more

Positive No More: Rhode Island Employers Need to Think Twice Before Denying Employment Based on a Positive Drug Test

In a recently issued trial court decision, Callaghan v. Darlington Fabrics Corp., a Rhode Island Superior Court justice held that an employer could not deny employment to an applicant licensed under state law to possess and...more

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

by Nossaman LLP on

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more

Delaware Joins Bandwagon Prohibiting Salary History Inquiries

by Fox Rothschild LLP on

Delaware is the latest state to prohibit employers from inquiring about the salary history of job applicants. The new Delaware law makes it an unlawful employment practice for an employer or an employer’s agent to screen...more

Business Group Files Amended Complaint In Lawsuit Challenging Philadelphia Wage History Law

by Jackson Lewis P.C. on

Philadelphia’s Wage History Ordinance, initially scheduled to take effect on May 23, 2017, remains on hold. The Ordinance has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction...more

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

by Littler on

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

HospitalityStaff To Pay $30,000 To Settle EEOC Religious Discrimination Lawsuit

Staffing Company Refused to Accommodate Rastafarian Employee's Dreadlocks, Federal Agency Charged - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry will pay $30,000...more

California Legislative Update: Several Labor and Employment Bills Passed in the Assembly

Several California labor and employment law bills passed in the state assembly or senate before the June 2, 2017, legislative deadline. The legislature now has until September 15, 2017, to pass these bills in the second...more

Oregon Equal Pay Act of 2017 – What Should Employers Be Doing Now?

by Tonkon Torp LLP on

On June 1, 2017, the Governor signed into law the Oregon Equal Pay Act of 2017 (the Act), expanding the current law's protection against wage disparities among employees. Currently, Oregon prohibits discrimination "between...more

Massachusetts Employers, Act Now to Prepare for the New Pay Equity Law: Insights from Nutter’s David C. Henderson

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, analyzed the new Massachusetts pay equity law in Nutter Insights. David discussed what...more

Hiring Best Practices: 5 DO's and DON’Ts When a Job Applicant Announces a Pregnancy

Want a road map for how not to react to a successful job applicant who announces her pregnancy immediately after receiving an offer letter? Look at the reaction of one prospective employer in Florida who recently settled a...more

CLIENT ALERT: 2017 Criminal Background Laws

More and more employers in California are becoming subject to legal restrictions on the use of criminal history information when making employment decisions. The City of San Francisco passed the Fair Chance Ordinance, which...more

Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed

by Seyfarth Shaw LLP on

Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more

Interviewing An Individual With A Visible Disability: From The Employer’s Perspective

by Jackson Lewis P.C. on

In a recent Q&A on the “Ask a Manager” blog, an individual wrote in to say that she had a genetic disorder requiring the use of a cane for walking and ring braces for finger stability. Although she had been public about her...more

Scottsdale Car Dealership to Pay $45,000 To Settle Disability Discrimination Lawsuit

Bell Lexus and The Berge Group Refused to Hire Woman Because of a Prescription Drug She Took for Her Disability, Federal Agency Charged - PHOENIX - Two Scottsdale, Ariz., companies will pay $45,000 and furnish other relief...more

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

by Allen Matkins on

Effective July 1, 2017, the regulations under the Fair Employment and Housing Act will identify new circumstances in which employers may face liability for considering criminal history in making employment decisions such as...more

Best practices for Oklahoma employers when inquiring about criminal histories

by McAfee & Taft on

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record....more

EEOC to Examine Age Discrimination at Commission Meeting

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, June 14, from 9:30 a.m. to 12:30 p.m. (Eastern Time), at agency headquarters, 131 M Street, N.E., Washington, D.C. The...more

Is New Jersey Next In Line To Ban Questions About A Job Applicant's Salary History?

Last month, at our breakfast seminar on DOL Hot Topics, I reported on ordinances adopted in New York City and Philadelphia, which prohibit employers from asking job applicants about their salary history. These laws seek to...more

Happy Halloween! NYC's Salary Inquiry Ban To Become Effective on October 31

by Foley & Lardner LLP on

Boo! It appears that fright-fest preparations for New York City employers will come early this year now that Mayor de Blasio has signed a New York City law that prohibits employers from inquiring into or relying on a job...more

Funds Talk: June 2017 - New York City Firms Face Restrictions on Compensation Questions During Hiring

A new New York City law will significantly affect the hiring practices of companies, including financial firms, operating within the city. Passed by New York City Council on April 5 and signed by Mayor Bill de Blasio on...more

Court Dismisses Lawsuit Challenging Philadelphia Wage History Law

by Jackson Lewis P.C. on

Philadelphia’s Wage History Ordinance lives on, for now. The Ordinance, initially scheduled to take effect on May 23, 2017, has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction...more

Challenge to Philadelphia Salary History Question Ban Dismissed, For Now

by Saul Ewing LLP on

The Chamber of Commerce for Greater Philadelphia’s lawsuit seeking to block a Philadelphia ordinance that prohibits employers from asking questions about an applicant’s salary history was dismissed by the US District Court...more

Oregon Enacts New Equal Pay Law that Includes Salary History Inquiry Restrictions

by Littler on

On June 1, 2017, Oregon Governor Kate Brown signed into law H.B. 2005, also known as the Oregon Equal Pay Act of 2017. This law includes restrictions on salary history inquiries, expands existing remedies available to...more

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