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Hiring & Firing › Discrimination › Arbitration

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 -
Genova Burns LLC

No Roman Holiday: New Jersey Appellate Division Says Employees Must Submit Sexual-Harassment and Discrimination Claims to...

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August 23, 2018 was a busy day for the New Jersey Appellate Division on the arbitration front when it issued two opinions effectively upholding the enforceability of arbitration agreements. Both cases involved...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Federal Workforce Report for 2015

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Small Gains Made in Diversity, Discrimination Complaint Filings Rise Slightly - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released its 2015 Annual Report on the Federal Workforce, showing...more

Hogan Lovells

Employment Case Law Summaries and Articles - 2017

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We present some highlights of cases of practical relevance that came through our courts during 2017. How the City of Johannesburg fell from the fireman’s pole - Bekker CJ, Mohamed CJ and Zondo JP long observed that...more

Seyfarth Shaw LLP

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

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Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Hogan Lovells

Employment News - May 2017 #2

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Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more

Seyfarth Shaw LLP

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

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Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Littler

California Legislative Update: Which Bills Made the Final Cut?

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Although the California Legislature sent Governor Jerry Brown bills on bed bugs, powdered alcohol, and making denim the official state fabric, the laws enacted in 2016 affecting the state’s private-sector employers were...more

Sheppard Mullin Richter & Hampton LLP

[Event] Breakfast With Your Labor Lawyer - May 28, Los Angeles, CA

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Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

Sheppard Mullin Richter & Hampton LLP

[Event] Breakfast With Your Labor Lawyer - May 20, Orange County, CA

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Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

Carlton Fields

Court Rejects General Unconscionability Argument And Compels Arbitration

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Late last year, a district court judge in Connecticut granted Defendant General Electric’s (“GE”) motion to compel arbitration based on Plaintiff’s signature to GE’s Acknowledgement Conditions of Employment Form. Ms. Pingel,...more

Carlton Fields

Construction Case Law Update - January 2015

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“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more

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

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

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Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

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

Missouri Court of Appeals Further Restricts Arbitration Agreements

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The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their...more

Proskauer Rose LLP

Trends in New Jersey Employment Law - December 2014

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2014 Year in Review—the Top 10 Trends in New Jersey Employment Law - 2014 was another busy year for developments in New Jersey employment law. This newsletter examines noteworthy developments in ten key...more

Davis Wright Tremaine LLP

California Employment Law Update: What’s New for 2015?

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The California Legislature was unusually active this year. Significantly, California introduced mandatory paid sick live, created new “unfair immigration-related practices” and expanded potential liability for employers who...more

Carlton Fields

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

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The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

JAMS

Unconscionable Arbitration Clauses: Be Careful What You Include

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Many employers lawfully require all employees, as a condition of employment, to arbitrate any disputes arising out of the employment relationship. Typically, such arbitration agreements include claims for wrongful...more

Proskauer - Government Contractor Compliance...

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

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On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

Proskauer Rose LLP

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

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On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

Proskauer - California Employment Law

California Court Upholds Arbitration Agreement

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Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

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