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Hiring & Firing › Employer Liability Issues › Disparate Treatment

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 -
Goldberg Segalla

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

Goldberg Segalla on

On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Mitratech Holdings, Inc

[Webinar] How to Spot Hidden Discrimination in Recruiting - May 4th, 9:00 am PT

Mitratech Holdings, Inc on

Most employers strive for a recruitment process that is free of discrimination, both for legal purposes and because it’s the right thing to do. But confirming your process provides equal employment opportunity isn’t always...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

DCI Consulting on

Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...more

DirectEmployers Association

Unanimous Appellate Court Struck Down ALJ Decision Finding Baltimore Enterprise Rent-a-Car Guilty of Unlawful Race Discrimination:...

DirectEmployers Association on

In an unforgiving decision, a unanimous Administrative Review Board of the USDOL reversed and remanded the entirety of the 2019 Recommended Decision and Order of USDOL Administrative Law Judge Morris Davis. In doing so, the...more

Vinson & Elkins LLP

New Bill Prohibits Age Discrimination Against Job Applicants — Wait, Isn’t that Already Unlawful?

Vinson & Elkins LLP on

If you noticed headlines last week that the U.S. House of Representatives passed legislation prohibiting employer from discriminating against job applicants because of their age, you might have wondered: does that mean it’s...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Rules Plaintiffs Must Use More Than National Criminal Statistics to Prove Racial Discrimination

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According to U.S. Department of Justice statistics, Black men in the U.S. are more likely to be arrested and have criminal convictions on their records than their white counterparts. Last week, a split Second Circuit Court of...more

McAfee & Taft

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

McAfee & Taft on

On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more

Akerman LLP - HR Defense

Age Discrimination Claims Limited for Job Applicants

Akerman LLP - HR Defense on

A second federal appellate circuit has ruled that the Age Discrimination in Employment Act (the ADEA) does not apply to job applicants’ claims that a policy or practice has a disparate impact on older individuals. ...more

Bradley Arant Boult Cummings LLP

Deep Impact – 7th Circuit Holds that Disparate Impact Claims for Job Applicants Not Covered by ADEA

Bradley Arant Boult Cummings LLP on

You might have seen all the buzz about the Seventh Circuit’s recent decision in Kleber v. CareFusion Corporation holding that job applicants were not covered by the Age Discrimination in Employment Act (ADEA). Does that mean...more

U.S. Equal Employment Opportunity Commission...

Maritime Autowash Will Pay $300,000 in EEOC Race and National Origin Discrimination Case

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

BALTIMORE - Maritime Autowash (later known as Phase 2 Invest­ments, Inc.) will pay $300,000 in monetary relief and furnish equitable relief to settle a federal race and national origin dis­crimination lawsuit filed by the...more

U.S. Equal Employment Opportunity Commission...

Floyd’s Equipment to Pay $25,000 To Settle EEOC Racial Discrimination and Retaliation Lawsuit

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

Missouri Contractor Transferred and Then Fired Employee for Complaining About Racial Slurs, Federal Agency Charged - ST. LOUIS -- Floyd's Equipment Inc., a Sikeston, Mo. contractor, has agreed to pay $25,000 and furnish...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Prewitt Enterprises and Desoto Marine for Race Discrimination

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

Mississippi Construction and Salvage Companies' Managers and Supervisors Continuously Subjected Black Employees to Racially Hostile Work Environment, Federal Agency Charges - MEMPHIS - Prewitt Enterprises, Inc., doing...more

U.S. Equal Employment Opportunity Commission...

Big 5 To Pay $165,000 To Settle EEOC Race Discrimination Lawsuit

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

Sporting Goods Retailer Subjected Management Trainee to Racial Slurs and Death Threats, Federal Agency Charged - SEATTLE - Sporting goods retailer Big 5 Corporation will pay $165,000 and provide other relief to settle a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Metairie Dry Cleaner for Discrimination and Retaliation

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

Marion's Cleaners Fired Hispanic Employee for Opposing Verbal and Physical Abuse Based on Her Race and National Origin, Agency Says - NEW ORLEANS - New Orleans-based Mariam Enterprises, doing business as Marion's Cleaners...more

U.S. Equal Employment Opportunity Commission...

Koch Foods Settles EEOC Harassment, National Origin And Race Bias Suit

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

Poultry Supplier Pays $3.75 Million to Class of Hispanic Workers - BIRMINGHAM, Ala. - Koch Foods, one of the largest poultry suppliers in the world, will pay $3,750,000 and furnish other relief to settle a class...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lafayette Schools’ Federal Credit Union for Retaliation

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

Credit Union Fired a Branch Manager the Day After She Opposed Its Use of a Racially Offensive Video During a Training Session, Agency Says - NEW ORLEANS - Lafayette Schools' Federal Credit Union unlawfully fired its only...more

Constangy, Brooks, Smith & Prophete, LLP

Job Applicants Have Disparate Impact Claim Based On Age, Court Says

Constangy, Brooks, Smith & Prophete, LLP on

An important victory for age plaintiffs. The U.S. Court of Appeals for the Seventh Circuit ruled last week that an outside job applicant can assert a "disparate impact" claim under the federal Age Discrimination in...more

Seyfarth Shaw LLP

School Scores Summary Judgment Win In ADEA Collective Action

Seyfarth Shaw LLP on

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

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

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

Seyfarth Shaw LLP

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

Dorsey & Whitney LLP

Quirky Question #284: If a tree falls in the forest and no one hears it, can you still unlawfully retaliate against it?

Dorsey & Whitney LLP on

Question: One of our male supervisors wants to fire a female employee who complained that he was sexually harassing her. The harassment allegations appear to have some substance: he asked her for pictures of herself in a...more

Parker Poe Adams & Bernstein LLP

Job Applicants May Bring Disparate Impact Age Discrimination Claims

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Plaintiffs can sue for employment discrimination under federal civil rights laws using two theories. Disparate treatment claims allege that the plaintiff was treated differently based on his or her protected status. Disparate...more

Seyfarth Shaw LLP

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

Seyfarth Shaw LLP on

As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Proskauer - California Employment Law

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Proskauer - California Employment Law on

Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Proskauer - California Employment Law on

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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