News & Analysis as of

Split of Authority Disparate Impact

Parker Poe Adams & Bernstein LLP

Divided Second Circuit Rejects Race Discrimination Claim Tied to Criminal Convictions

In 2012, the U.S. Equal Employment Opportunity Commission released an enforcement guidance document cautioning employers on the use of criminal background checks in hiring. The EEOC advised employers that blanket use of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says ADEA Does Not Apply to Applicants' Disparate Impact Claims

Plaintiffs can bring employment discrimination claims under federal civil rights laws using one of two theories. Disparate treatment claims require the plaintiff to produce evidence of intent to discriminate due to a...more

Seyfarth Shaw LLP

Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over...more

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