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Hiring & Firing › Discrimination › Employment Policies

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 -
Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Keating Muething & Klekamp PLL on

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Morris, Manning & Martin, LLP

State AI Laws Continue to Emerge

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Introduction - Within the United States, new state laws regulating artificial intelligence continue to emerge. Below, we provide a high-level description of certain laws currently in effect or laws that will soon come into...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

Rumberger | Kirk on

“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Littler

Executive Order Tracker

Littler on

Littler's Executive Order Tracker is your go-to resource for staying updated on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing summaries...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2025

Davis Wright Tremaine LLP on

Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

Littler on

Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Poyner Spruill LLP

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

Poyner Spruill LLP on

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

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Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Jackson Lewis P.C.

The “S” in ESG: Tying Compensation To DEI Goals

Jackson Lewis P.C. on

As companies plan and strategize about next steps regarding the “S” of ESG, i.e., Social initiatives, we are often asked about best practices in promoting Diversity, Equity, and Inclusion (DEI) goals in the workplace....more

Dentons

HR Quick Take: Anti-Discrimination Laws

Dentons on

Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

Bradley Arant Boult Cummings LLP on

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Butler Snow LLP

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

Butler Snow LLP on

Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

FordHarrison

HR ‘Don’ts’ Inspired by Netflix’s Tiger King

FordHarrison on

In the midst of our pandemic-induced self-isolation and, in many cases, mandatory shelter-in-place orders, some of you have probably used this time to better yourselves. Perhaps you’ve tried out some new recipes or began an...more

Polsinelli

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

Polsinelli on

On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

Foley & Lardner LLP

Termination Documentation

Foley & Lardner LLP on

When terminating an employee, an employer should create documentation showing the reason for and circumstances relating to the termination. The documentation serves two purposes. First, it helps the employer remember why it...more

Fisher Phillips

Do Zero Tolerance Policies Make Zero Sense?

Fisher Phillips on

When one hears about a workplace shooting, it’s easy to demand a “Zero Tolerance” rule against workplace violence. It’s understandable that after the staggering and even criminal revelations of the #METOO Movement that...more

Polsinelli

Employee Grooming Policies and the Limits of Title VII

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Employers may regulate the length, style, and neatness of employees’ hair in the workplace through so-called grooming policies, unless the hair style is a matter of sincere religious observance posing no more than a minimal...more

Littler

Dear Littler: Will These Recruiting Ideas Help Me Meet Our Diversity Goals?

Littler on

Our boss is really pushing for us to increase our number of diverse employees. I see his point—we are a predominantly white and male workforce, though we have more than 150 workers. My managers had a meeting to set some...more

Holland & Hart - Employers' Lawyers

Five Tips For Handling Tricky Religious Accommodations

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When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

FordHarrison

Employers Should Not Fear the So-Called "Take Your Guns to Work Act"

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On March 9, Florida Governor Rick Scott signed into law the newly enacted Marjory Stoneman Douglas High School Public Safety Act, on March 9, the first gun control measure enacted in the state in over 20 years. While, that...more

U.S. Equal Employment Opportunity Commission...

Professional Endodontics to Pay $47,000 to Settle EEOC Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Medical Practice Discharged Employee Because She Turned 65, Federal Agency Charged - DETROIT - A Southfield, Mich.-based oral surgery practice will pay $47,000 to settle an age discrimination lawsuit filed by the U.S....more

Brownstein Hyatt Farber Schreck

Summary of Select New Laws Impacting California Employers

Brownstein Hyatt Farber Schreck on

The new year will bring many changes to California’s employment laws in various areas, including hiring practices (such as a statewide “ban the box” law); leaves and benefits (including expansion of parental leave to small...more

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