News & Analysis as of September 20, 2024

Interviews

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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 -

AI, AI, Uh-Oh! Can Artificial Intelligence Programs Put You at Risk for Discrimination Lawsuits?

Bradley Arant Boult Cummings LLP on 5/26/2023

Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it...more

EEOC Issues Guidance on Use of Artificial Intelligence in Hiring

Perkins Coie on 6/9/2022

The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The EEOC’s...more

Justice Department and EEOC Issue Guidance on Disability Discrimination in Use of Artificial Intelligence in Hiring

Brooks Pierce on 5/13/2022

As the use of artificial intelligence (AI) becomes more prevalent in hiring practices, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance on May 12, 2022,...more

Guidewire Sued by EEOC for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 10/25/2019

Tech Firm Illegally Refused to Interview Candidate Due to Hearing Impairment Federal Agency Charges - SAN FRANCISCO - Foster City-based technology company Guidewire Software, Inc., violated federal law when it failed to...more

Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

Sheppard Mullin Richter & Hampton LLP on 4/20/2018

In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender individuals from discrimination based on their gender identity. Wittmer v. Phillips 66 Company,...more

Limit Your Pre-Employment Inquiries to Job-Related Questions

Foley & Lardner LLP on 10/6/2016

As most employers know, it is unlawful to ask an employment or promotion candidate questions which reflect bias based on race, color, age, gender, religion, or any other protected status. For example, a candidate cannot be...more

Startups and the Beginning of the Employment Relationship - Who, What, When, Where, and Why?

Poyner Spruill LLP on 8/11/2015

WHO to Hire? Startup companies can reduce or eliminate future problems with employees through careful hiring practices. Best practices include...more

Supreme Court Expands Religious Discrimination Liability

Maynard Nexsen on 7/31/2015

Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees...more

That is SO last week - July 2015 #2

Zelle LLP on 7/14/2015

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

U.S. Supreme Court Rules Against Abercrombie In Headscarf Religious Accommodation Case

Laner Muchin, Ltd. on 7/7/2015

The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more

Supreme Court Holds That Employers Do Not Need Actual Knowledge of an Applicant’s Need for a Religious Accommodation Before They...

Mintz - Employment, Labor & Benefits... on 6/15/2015

The Supreme Court recently held that job applicants may hold their potential employer liable for intentional discrimination under Title VII if the applicant can show that his or her need for an accommodation was a motivating...more

Education Update, No. 1, January 2013: Making The Grade: Ensure Your School is Following Best Hiring Practices

Fisher Phillips on 1/8/2013

The holiday break is over. Classes are back in full swing. For most schools across the nation, this is the time to evaluate current staffing needs and begin the recruitment and hiring process for the upcoming school year....more

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