News & Analysis as of September 23, 2024

Screening Procedures

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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 -

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

Littler on 1/27/2021

For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening. These regulations are in addition to, not in lieu of, the federal...more

The Pros and Cons of Social Media in Job Screenings

Pullman & Comley, LLC on 3/29/2017

It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Latest EEOC Discrimination Suit Targets Employment Exam

Proskauer - Law and the Workplace on 8/4/2015

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

New York City “Bans the Box”—Inquiries Into Applicants’ Criminal Histories Now Significantly Restricted

Orrick - Employment Law and Litigation on 6/15/2015

On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application...more

New York City Human Rights Law Strictly Limits Employers’ Use of Credit Checks in Hiring

Bond Schoeneck & King PLLC on 5/15/2015

In follow-up to our April 21 post, New York City Mayor Bill de Blasio signed into law an amendment to the New York City Human Rights Law on May 6, prohibiting employment discrimination on the basis of “consumer credit...more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Constangy, Brooks, Smith & Prophete, LLP on 10/6/2014

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

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