News & Analysis as of

Job Applicants Hiring & Firing

EEOC Sues Rosebud Restaurants for Sexual Harassment and Retaliation

Server Was Sexually Harassed and Fired After Complaining About Harassment and Racial Slurs Against African-Americans, Federal Agency Alleges - CHICAGO - Chicago company Rosebud Restaurants violated federal civil rights...more

EEOC Alleges Wood Group Refused to Hire Worker Because of His Disability

Global Offshore Company Refused to Hire Offshore Worker Because of Diabetes, Federal Agency Charged - NEW ORLEANS - Wood Group PSN, Inc., a global company which provides operations and maintenance to the oil,...more

LinkedIn – in whose professional interest?

by Seyfarth Shaw LLP on

LinkedIn is the biggest online network of professionals in the world. Many employers encourage staff to use LinkedIn to promote their organisation. While employees may share content relating to their organisation, they...more

9th Circuit to Reconsider Employer Use of Salary History During Hiring

by McGuireWoods LLP on

On Aug. 29, 2017, the U.S. Circuit Court of Appeals for the 9th Circuit announced it will reconsider en banc whether employer use of salary history to determine an applicant’s compensation as a new hire violates the federal...more

Employees In California? If So, These Are The Employment Bills To Watch

by Jackson Lewis P.C. on

With the flurry of action by California lawmakers in the final weeks of the legislative session, there are approximately 640 bills waiting for action by California Governor, Jerry Brown. Here is a list of legislation which...more

New York Salary History Inquiry Ban

by Dentons on

On May 4, 2017, New York City Mayor Bill de Blasio signed into law Introduction Number 1253-A, which prohibits employers from inquiring about a job candidate's salary history during the hiring process. Dentons' Employment and...more

Salary History Inquiry Bill Down But Far From Out

by SmithAmundsen LLC on

On June 28, 2017, HB 2462, an amendment to the Illinois Equal Pay Act, passed both chambers of Illinois General Assembly. The bill would have made an employer’s inquiry into an applicants’ wage, benefits, and other...more

Keep Identifying Information out of Job Applications and Advertisements

by Foley & Lardner LLP on

Certain job advertisements have drawn media scrutiny in recent weeks, including dozens of postings seeking applicants with a “neutral” accent for language teaching, sales, and IT support jobs. Another trend, in the opposite...more

All Star Priority Staffing Sued by EEOC For Disability Discrimination

Phoenix Staffing Agency Subjected Applicants to Invasive Pre-Offer Medical Questionnaire And Screened Applicants on the Basis of Their Responses, Federal Agency Charges - PHOENIX - All Star Priority Staffing, LLC, a...more

Some States and Municipalities Begin the Ban on Salary History Inquiries

by Bryan Cave on

Many employers base an employee’s pay on his or her past salary. Applicants are typically asked, either on the application or during an interview, how much they made in their previous job(s). Critics of this practice...more

Update: New York City Commission on Human Rights Issues Fact Sheets Regarding the NYC Salary History Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 12, 2017, the New York City Commission on Human Rights released two eagerly-awaited Fact Sheets to aid in the interpretation of the NYC salary history ban, which goes into effect on October 31,...more

Huntington Ingalls Sued By EEOC For Disability Discrimination

Shipyard Refused to Hire a Hearing-Impaired Pipefitter Because He Used Hearing Aids, Federal Agency Charges - NEWPORT NEWS, Va. - Newport News-based shipbuilder Huntington Ingalls Incorporated violated federal...more

California Corner: New Notice Requirements Regarding Domestic Violence Victims’ Rights and LA’s Ban the Box Ordinance

by Vedder Price on

California Labor Code sections 230 and 230.1 provide certain rights to employees who are victims of domestic violence, sexual assault or stalking, including the right to take time off from work relating to such issues and the...more

Hidden Hiring Landmine: Fair Credit Reporting Act Obligations

by Fisher Phillips on

Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that...more

California On Brink Of Further Expansion Of Fair Pay Protections

by Jackson Lewis P.C. on

California’s legislature is close to passing three bills to expand the state’s fair pay laws. The bills, introduced in early 2017, were designed to expand upon, or clarify, the amended California Fair Pay Act (CFPA)....more

Background Checks: Fair Credit Reporting Act Compliance

Employees – and unsuccessful applicants for employment – are increasingly asserting claims under the Fair Credit Reporting Act (FCRA) for violations arising out of background checks conducted by third party credit reporting...more

Negligent Infliction of Emotional Distress Claim for Job Applicants Remain Viable

by Shipman & Goodwin LLP on

A lot has been made of the recent district court decision on legal job protections for qualifying medical marijuana patients. But the decision has another piece that has been overlooked and which may cause employers some...more

New York City Finalizes Rules to Interpret the Fair Chance Act

by Epstein Becker & Green on

On August 5, 2017, the final rules (“Final Rules”) interpreting New York City’s Fair Chance Act (“FCA”) took effect—nearly 18 months after the New York City Commission on Human Rights (“Commission”) published proposed rules...more

Illinois Governor Vetoes Bill That Would Prohibit Employer Inquiry Into Wage History

On August 25, 2017, Illinois Governor Bruce Rauner vetoed a bill that would prohibit employers from asking applicants about their wage histories. The bill, known as the Illinois No Salary History Law, previously had been...more

A Growing Number of States and Cities Banning Salary History Inquiries

by Stinson Leonard Street on

Employers who ask applicants about their salary history should be wary of a significant increase in state and local legislation barring this question. Over the past year, numerous states and localities have enacted such laws...more

Still Standing: Ninth Circuit Again Finds Standing in Spokeo Remand

by Carlton Fields on

The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010. The plaintiff initiated the lawsuit against Spokeo, which aggregates publicly...more

Background Checks: Fair Credit Reporting Act Compliance

Employees – and unsuccessful applicants for employment – are increasingly asserting claims under the Fair Credit Reporting Act (FCRA) for violations arising out of background checks conducted by third party credit reporting...more

Salary Inquiries Off Limits in San Francisco

Last month, San Francisco Mayor Ed Lee signed the “Parity in Pay” Ordinance, making San Francisco the latest in a growing number of cities and states that have enacted legislation prohibiting employers from asking job...more

Everything Else You Need to Know About New York City’s FCA—New Rules Effective August 5, 2017

New York City has issued new rules interpreting the city’s Fair Chance Act (FCA). These rules, which went into effect on August 5, 2017, provide clarification and guidance on how employers can comply with the requirements of...more

Eleventh Circuit Doesn’t Waffle on Enforceability of Arbitration Agreement

by Carlton Fields on

The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed...more

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