Hiring & Firing Discrimination

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Employer Is Liable under the WLAD for Refusing to Hire a Truck Driver for Taking a Prescribed Narcotic

Just when is an employer required to hire those taking prescription pain medications? In Clipse v. Commercial Driver Services, Inc., the Washington Court of Appeals held that Commercial Driver Services, Inc. was liable under...more

The Joint Employer Doctrine Strikes Again

In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment...more

The NLRB Goes Back to Church (Schools), Gets Entangled

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

Discrimination by Association: It’s Illegal.

You may have heard of guilt by association before, but what about discrimination by association? Everyone knows that an employer cannot discriminate on the basis of an employee’s disability, but what if the employee has a...more

Last Minute Write-Up Has Unintended Negative Legal Results

Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more

Virginia Shooting Raises Questions About Background Checks

First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an...more

Age is Just a Number: Ninth Circuit Ruling in Age Discrimination Case Adopts Seventh Circuit’s “Rebuttable Presumption” Approach...

On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)...more

That is SO last week - August 2015 #4

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Third Circuit Issues Employer-Friendly Ruling in Discrimination and Retaliation Case

On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more

EEOC Confirms that Sexual Orientation Discrimination is Sex Discrimination

On July 15, 2015, the EEOC issued an official decision that sexual orientation discrimination is sex discrimination under Title VII. The EEOC explained that “sexual orientation is inherently a ‘sex-based consideration,’ and...more

Latest EEOC Discrimination Suit Targets Employment Exam

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

That is SO last week - August 2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

EEOC Finds Sexual Orientation Discrimination Prohibited by Title VII

In a landmark ruling, the Equal Employment Opportunity Commission (EEOC) held that an employee alleging discrimination based on sexual orientation states a viable claim under Title VII of the Civil Rights Act of 1964. The...more

Court Prevents Peters’ Bakery from Firing Employee Alleging Discrimination in EEOC Suit

Federal Agency Obtains Preliminary Injunction to Protect Latina Clerk's Job - SAN JOSE, Calif. - Peters' Bakery, a family-owned business in East San Jose, may not terminate a sales clerk whose allegations of ethnic and...more

That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

DHS Proposes Changes to E-Verify Program: I-9 Revirifications and FNC Formal Reviews

As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

Retailers Should Review I-9 Processes in Light of Recent DOJ Settlement

Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal...more

That is SO last week - July 2015 #2

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

What is Implicit Bias and Why Should Employers Care?

In 2014, Baker Donelson's Diversity Committee instituted a mandatory firm-wide training program on "implicit bias" which has continued into 2015. While the Firm regularly conducts training in how to prevent discrimination,...more

Merrilville Ultra Foods to Pay $200,000 to Settle EEOC Sex Discrimination Suit

Northwest Indiana Grocer Preferred Male Night Crew Stockers, Agency Charged - INDIANAPOLIS, Ind. - A Merrillville, Ind., grocer will pay $200,000 to a class of women who were denied night-crew stocking positions to...more

DOL Files Discrimination Suit Against Baltimore-Based Federal Contractor

The U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) has filed a lawsuit before the Office of Administrative Law Judges against WMS Solutions LLC (“WMS”) alleging violations of...more

That is SO last week - June 2015 #3

Last week's historic U.S. Supreme Court decision on same-sex marriage dominated the news across the country. Among its many effects, this ruling means that human resources departments will be busy revising Family and...more

Whistleblowing: An Employer’s Guide To Global Compliance

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

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