News & Analysis as of

Job Applicants Adverse Employment Action

Akerman LLP - HR Defense

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same...more

Bowditch & Dewey

Proposed Changes in Massachusetts that Would Bar Use of Credit Reports by Employers

Bowditch & Dewey on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The bill is expected to pass the Senate and...more

CDF Labor Law LLP

LA County Expands California’s “Ban the Box” Effective March 28, 2024

CDF Labor Law LLP on

Since California’s enactment of the Fair Chance Act (“Act”) over six years ago, California’s private and county employers with five or more employees have become well-acquainted with the Act’s general prohibition of employers...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

CDF Labor Law LLP

[Webinar] Up in Smoke: A Blunt Discussion of Applicant and Employee Drug Testing in California in 2024 - January 16th, 10:00 am -...

CDF Labor Law LLP on

As we enter 2024, CDF has designed a webinar that aims to equip California employers with essential knowledge regarding the new marijuana drug testing rules and how to update personnel testing, policies, and procedures to...more

Akerman LLP - HR Defense

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

Akerman LLP - HR Defense on

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that...more

Troutman Pepper

Water Cooler Talk: ‘The Matrix’ Opens Our Eyes to Generative AI in the Workforce

Troutman Pepper on

A recent survey by Pew Research Center found that most Americans are not in favor of involving artificial intelligence (AI) in the hiring process. In fact, 66% said they would not want to apply for a job with an employer that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Changes Background Check Procedures

The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which go into effect October 1, 2023. The new regulations add restrictions, make clarifications, and...more

Troutman Pepper

Are There Any Risks to Using AI to Enhance Diversity in the Workplace?

Troutman Pepper on

Q: Are there any risks to using AI to enhance diversity in the workplace? ...more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

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Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

Pillsbury Winthrop Shaw Pittman LLP

AI Users Beware: Federal, State and Local Legislators and Regulators to Crack Down on AI-Related Employment Discrimination

According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more

Foster Garvey PC

EEOC Releases New Guidance for AI Algorithms in Employment Decisions

Foster Garvey PC on

On May 18, 2023, the EEOC released guidance on the use of Artificial Intelligence (“AI") tools in employment decisions. Though primarily focused on the selection and hiring of candidates, the same general guidance on AI tools...more

Littler

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

Littler on

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more

Sheppard Mullin Richter & Hampton LLP

On the Horizon: Broad Employment Protections for Marijuana Users in the District of Columbia

Last summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending, failing to promote, demote, or otherwise penalizing any employee who uses marijuana,...more

Littler

New York City Adopts Final Regulations on Use of AI in Hiring and Promotion, Extends Enforcement Date to July 5, 2023

Littler on

After several rounds of public comment and revision, on April 5, 2023 New York City published final regulations implementing its first-in-the-nation ordinance that regulates the use of AI-driven hiring tools (Local Law 144 of...more

Fisher Phillips

Employers Must Update Their Summary of Rights Notice for Background Check Screenings

Fisher Phillips on

Employers should promptly update their Summary of Consumer Rights notice provided to applicants and workers before taking adverse employment action based on their background check reports, thanks to a new rule about to take...more

Littler

Reports About the Wholesale Demise of Claims Against Employers Under the Fair Credit Reporting Act (FCRA) are Premature

Littler on

The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice...more

Fisher Phillips

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

Fisher Phillips on

Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

Bradley Arant Boult Cummings LLP

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

Epstein Becker & Green

#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation -...

Epstein Becker & Green on

This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL). California Employers Update COVID-19 Policies California employers are implementing updated COVID-19...more

Fisher Phillips

Federal Appeals Court Sides with Employer in Job Applicant’s Background Check Suit: 3 Steps to Avoid Similar Claims

Fisher Phillips on

A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision...more

Fisher Phillips

Puff, Puff, PASSED: 6 Things Mississippi Employers Need to Know as State Passes Medical Cannabis Act

Fisher Phillips on

Mississippi just became the 37th state to legalize medical marijuana when Governor Tate Reeves (somewhat begrudgingly) signed a bill into law on February 2 to decriminalize the use of marijuana/cannabis for medical purposes....more

Epstein Becker & Green

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

Proskauer - Law and the Workplace

Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing

Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful...more

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