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Hiring & Firing › Discrimination › Termination

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 -
Dickinson Wright

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

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Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

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On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact...more

U.S. Equal Employment Opportunity Commission...

Cash Depot Pays $55,000 to Settle EEOC Disability Discrimination Lawsuit

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

ATM Service Provider Resolves Federal Lawsuit Charging That It Failed to Accommodate And Fired Employee Because of Disability - HOUSTON – Cash Depot, LTD, a privately owned, independent ATM service provider headquartered...more

Bradley Arant Boult Cummings LLP

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

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For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...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

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

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So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Sherman & Howard L.L.C.

Huge Verdict Reminds Us That “White” and “Male” Are Still Protected Characteristics

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A federal jury in North Carolina awarded a former health executive $10 million in punitive damages after finding that his race and gender—white and male—were motivating factors in his ex-employer’s decision to fire him... ...more

Bradley Arant Boult Cummings LLP

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

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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

Jackson Lewis P.C.

Seventh Circuit Issues Decision Finding Broad Scope Of Ministerial Exception; Questions Remain

Jackson Lewis P.C. on

On July 9, 2021, U.S. Court of Appeals for the Seventh Circuit, sitting en banc, issued a 7-3 decision in the closely watched case Sandor Demkovich v. St Andrew the Apostle Parish, Calumet City and the Archdiocese of Chicago....more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

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Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Butler Snow LLP

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

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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

Cozen O'Connor

How to Handle Waivers in Discrimination Cases

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It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....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

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

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

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

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

Kelley Drye & Warren LLP

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

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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

Constangy, Brooks, Smith & Prophete, LLP

Before You Fire That Political Extremist . . .

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If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

Baker Donelson

Beyond "You're Fired": Key Points for Executing Terminations

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"You're fired!" has been a catchy phrase during the Trump era. If that phrase amounts to your plan for an upcoming termination meeting, however, you are in trouble. Much of the risk analysis and decision-making process for...more

FordHarrison

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

FordHarrison on

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Sued by EEOC for Disability Discrimination at Hudson City Savings Bank

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

Predecessor Bank Refused to Accommodate Bank Branch Employees' Disabilities and Put Them on Involuntary Leave, Federal Agency Charges - NEW YORK - The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today...more

Zelle LLP

Constructive Discharge

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The concept of constructive discharge appears regularly in employment law cases and commentary, but we’ve found that it’s not always well understood. Because a constructive discharge can have all the consequences of a typical...more

Bradley Arant Boult Cummings LLP

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

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The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

Hogan Lovells

Employment News - March 2017 #4

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Lack of communication – contractual dismissal notice only took effect when received - In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Seyfarth Shaw LLP

Opposing Employer Actions Directed at General Public Not Protected Activity

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Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Seyfarth Shaw LLP

What’s an “Implied” Request for an ADA Reasonable Accommodation?

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Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...more

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