News & Analysis as of

Discrimination Hiring & Firing

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -

Don’t Make a Habit of it, but Sometimes, Ignorance IS Bliss

by Dorsey & Whitney LLP on

As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of...more

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

FY 2017 Litigation Scorecard For The EEOC – What Employers Should Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EEOC’s Fiscal Year ending on September 30, 2017, loyal blog readers know that our firm has been busy analyzing the major trends of FY 2017 on the EEOC litigation front. In this video, Jerry Maatman...more

The case for capacity: Supreme Court of Canada upholds employee’s termination based on breach of “no free accident rule” in...

by DLA Piper on

Managing employee drug and alcohol addictions has long been a thorny issue for employers. Because addiction is accepted as a mental disability, it is a delicate balancing act to ensure employee privacy and human rights are...more

The Dialogue: About Firing Employees and Negotiating Severance Agreements

by Shipman & Goodwin LLP on

The Dialogue – an occasional discussion between myself and a prominent employee-side attorney, Nina Pirrotti returns today after a late summer hiatus. Today’s chat focuses on employee separations and severance agreements. ...more

WPI State of the States: Major Bills Advance in September, With More on Deck for October

by Littler on

The baseball pennant races are about to kick off, but not all the action is on the field. Roughly a dozen state legislatures were in session during September, and they considered more than 50 labor and employment bills....more

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

EEOC Sues LA Louisanne Restaurant for Pregnancy Discrimination

Restaurant Engaged in a Practice of Removing Pregnant Female Servers, Federal Agency Charges - LOS ANGELES - LA Louisanne, Inc., a Los Angeles restaurant and jazz night club, violated federal law when it discharged an...more

EEOC Sues Pizza Studio Restaurant Owner for Violating Equal Pay Act

Company Offered Female New Hire Less Than a Male and Fired Both After She Complained, Federal Agency Says - ST. LOUIS - A Delaware company that until recently operated a Pizza Studio restaurant in Kansas City, Kan., and...more

EEOC Sues Keer America Corporation for Age Discrimination

Experienced Sales Leader Fired After Company Learned His Age, Federal Agency Charges - GREENVILLE, S.C. - A 47-year-old sales leader with experience in the textile industry was unlawfully fired by Indian Land, S.C.,...more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

Decision on medical marijuana and preemption holds lessons for Maine employers

by PretiFlaherty on

A U.S. district court recently held that federal law does not preempt the anti-discrimination provision in Connecticut’s medical marijuana law prohibiting employers from terminating or refusing to hire individuals based on...more

“Hold My Position Open Indefinitely” Is Not a Reasonable Accommodation, Court Rules

by Shipman & Goodwin LLP on

The Connecticut Appellate Court today released an important disability discrimination decision that gives employers some support for employees who struggle with employees who ask for “accommodations” for an indefinite leave...more

No Trial Needed: Ninth Circuit Confirms Summary Judgment Appropriate Where Discrimination Plaintiff Can’t Rebut Legitimate...

Employers faced with discrimination claims must determine if summary judgment is a viable means to dispose of those claims. A recent Ninth Circuit decision provides some additional ammunition for employers moving for summary...more

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

KB Staffing Settles Disability Discrimination Suit

Company Agreed to Change its Practices and Compensate Victims of Policy Requiring Unlawful Pre-Offer Health Questionnaire - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, will create a class...more

Century Park Associates / Garden Plaza Of Greenbriar Cove Sued By EEOC For Religious Bias

Retirement Community Demanded Two Employees Work on Sabbath, Federal Agency Charges - CHATTANOOGA, Tenn. -- Century Park Associates, LLC, dba Garden Plaza at Greenbriar Cove, which operates a senior and assisted living...more

Top 5 Things To Know About Workplace Language Rules

by Jackson Lewis P.C. on

The EEOC filed suit recently in the United Stated District Court for the Southern District of Texas alleging that an employer discriminated against non-Hispanic applicants by requiring that they be Spanish-speaking. See EEOC...more

It ain’t Over ’til it’s Over (and Even Then, it Might not Be Over): How long can the EEOC Continue Investigating – after Issuing a...

by Dorsey & Whitney LLP on

EEOC charges are a fact of life for employers. Even with comprehensive equal employment policies, top-notch human resources personnel, and a great workplace culture, many employers will at some point encounter a charge of...more

Are “Cute” Employees A New Protected Class in New York?

by Kelley Drye & Warren LLP on

New York employers now have a new class of employees to be wary of – the “cute”. A New York appellate court just issued a decision reviving a gender discrimination claim brought by a female plaintiff, who alleged that she...more

Is Robert Lee A Victim Of National Origin Discrimination?

Is it national origin discrimination for your employer to remove you from a work assignment because your name is the same as that of a long-deceased Anglo-American who is currently out of favor? Robert Lee, sports...more

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These...more

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