News & Analysis as of

Job Applicants Title VII

Employers Need Not Hire “Most Qualified” Candidate, Says Court

by Shipman & Goodwin LLP on

An applicant for a job posting in education lists his most recent relevant experience as occurring in 1973. You don’t bring him in for an interview. Is it gender discrimination?...more

Feds Say Title VII Doesn't Cover Transgender Workers

by Fisher Phillips on

Attorney General Jeff Sessions formally reversed the federal government’s position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys and heads of all federal...more

EEOC Sues for Transgender Discrimination

by Ruder Ware on

Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws. The EEOC has sued a company in Denver that...more

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

R&L Carriers, Inc. and R&L Shared Services, LLC Sued by EEOC for Sex-based Discrimination

Companies Refused to Hire Qualified Females as Dockworkers and Loaders, Federal Agency Charges - INDIANPOLIS - Wilmington, Ohio based companies, R&L Carriers, Inc. and R&L Shared Services, LLC, refused to hire qualified...more

EEOC Sues CSX Transportation for Company-Wide Sex Discrimination

Railroad Subjected Class of Female Workers to Unlawful Physical Abilities Testing, Federal Agency Charges - HUNTINGTON, W.V. - CSX Transportation, Inc., a provider of rail-based transportation services with operations...more

EEOC Sues To Force Gentlemen’s Club To Hire Male Bartenders

Our tax dollars at work.- In a recent lawsuit filed in federal court in Florida, the Equal Employment Opportunity Commission has asserted a claim of sex discrimination against a gentlemen’s club in Florida for allegedly...more

“Ban the Box” and Background Checks – Recent Trends and Movements

Retailers and other employers regularly consider the backgrounds of job applicants and employees when making personnel decisions. It is not illegal for employers to ask questions about an applicant’s criminal history, or to...more

EEOC Sues Gold, Inc. / Sammy’s Gentlemen’s Club For Sex Discrimination

Company Refused to Hire Male Job Applicant Because of His Sex and Failed to Maintain Required Records of Job Applications, Federal Agency Charges - BIRMINGHAM, Ala. - Gold, Inc., d/b/a Sammy's Gentlemen's Club, a...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

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

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

Education Company to Pay $57,000 to Settle EEOC Sex Discrimination Suit

Special Education Associates Rescinded Job Offer to Applicant When She Refused to 'Party' With CEO, Federal Agency Charged - NEW YORK - Special Education Associates, Inc., which provides educational services to students...more

Automation Personnel Services to Pay $50,000 to Settle EEOC Lawsuit for Sex Discrimination

Federal Agency Charged Staffing Agency With Refusing to Hire Women - BIRMINGHAM, Ala. -- Automation Personnel Services, Inc., a Pelham, Ala.-based staffing agency, will pay $50,000 and furnish other relief to settle a...more

Brown & Brown Insurance Brokerage Firm Settles Pregnancy Discrimination Lawsuit for $100,000

Job Offer Rescinded After Company Learned of Applicant's Pregnancy, Federal Agency Charged - ORLANDO, Fla. - Daytona Beach-based insurance brokerage firm Brown & Brown will pay $100,000 and furnish significant relief to...more

Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly...more

The Seventh Circuit's Recent Ruling on Sexual-Orientation Discrimination: What School Districts Need to Know

by Hogan Lovells on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits employers from...more

Denial Of Defenses: Illinois Court OK’s EEOC’s Pre-Suit Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal district court in Illinois recently granted the EEOC’s motion for partial summary judgment in EEOC v. Dolgencorp, LLC, No. 13-CV-4307 (N.D. Ill. Apr. 10, 2017), relative to two defenses advanced...more

Will South Carolina Ban the Box?

In prior posts, we have noted that HR professionals should acknowledge the tension between making hiring decisions based on an applicant’s criminal history and avoiding Title VII liability, if refusing to hire certain...more

Life Time Fitness Will Pay $86,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Rockville Gym Rescinded Job Offer After Learning Applicant Was Pregnant, Federal Agency Charged - BALTIMORE - Minnesota-based gym company Life Time Fitness, Inc. will pay $86,000 and furnish significant relief to resolve...more

California Employers Are Subject to New Requirements When Using Criminal History Information

by Littler on

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

by Barley Snyder on

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

by Littler on

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal...more

J.B. Hunt Transport Settles EEOC Religious Discrimination Charge for $260,000

Sikh Applicants Denied Religious Accommodation During the Hiring Process, Federal Agency Charges - LOS ANGELES - J.B. Hunt Transport, Inc., one of the largest transportation logistics companies in North America, will pay...more

The Employment Law Authority - November/December 2016

Court Upholds Employer’s Dreadlock Ban Finds Grooming Policy Did Not Violate Title VII of the Civil Rights Act - A federal appellate court recently held that an employer’s policy banning dreadlocks did not constitute...more

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