News & Analysis as of

Adverse Impact Hiring & Firing

Obermayer Rebmann Maxwell & Hippel LLP

Credentialism and Disparate Impact Discrimination - No Degree, No Problem!?

The job search process was frustrating for my firstborn, Mateo.  He had his coder certificate and ten years’ experience as a security and IT specialist but when he applied for certain roles, even at his current employer, he...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Artificial Intelligence: Bias Audits and Beyond - February 28th, 2:00 pm - 3:00...

DCI Consulting on

Many employers use technology-enabled tools, including those leveraging artificial intelligence, to make high stakes employment decisions. The equal employment opportunity (EEO) landscape in this area is constantly evolving,...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

Reminder: Conduct An Adverse Impact Analysis Prior To Any COVID-19 Reductions In Force

Fisher Phillips on

As COVID-19 continues to wreak havoc on the economy, many employers are making the difficult decision to reduce a portion of their workforce – whether temporarily (via furlough) or permanently (via layoff) – to keep their...more

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

Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

Seyfarth Shaw LLP

Five Interview Question Don’ts For California Employers in 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent California legislation, including laws banning questions about salary history and criminal convictions, has bought new interview jitters for employers. ...more

Constangy, Brooks, Smith & Prophete, LLP

“Woefully Thin Statistics” Doom Adverse Impact Claim

Patrick White, an attorney in the Cook County (Illinois) Public Defender’s Office, lost his claim that the county’s promotion process had an adverse impact on male attorneys. This judicial finding follows a jury verdict...more

Mintz - Employment Viewpoints

California Joins the Ban-the-Box Bandwagon

California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions concerning an applicant or employee’s criminal convictions will now be subject to the new regulation... That regulation...more

Holland & Knight LLP

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

Fisher Phillips

California Employers Will Soon See New Workplace Regulations Take Effect - Rules On Transgender Discrimination And Criminal...

Fisher Phillips on

In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more

Foley & Lardner LLP

California Employers Further Restricted From Using Criminal History

Foley & Lardner LLP on

California continues its lead in restricting use of criminal records with the Fair Employment and Housing Council (FEHC) recently finalizing new regulations that further limit a California employer’s ability to use criminal...more

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