News & Analysis as of September 26, 2024

Appeals

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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 -

EEOC Argues that Sexual Orientation Discrimination by a Heterosexual Person can Constitute a Protected Activity

Seyfarth Shaw LLP on 6/14/2018

In her appeal to the Fifth Circuit, Plaintiff Bonnie O’Daniel argues that the trial court wrongly concluded that it was unreasonable for O’Daniel to believe that a complaint about discrimination based on sexual orientation...more

4th Circuit sets a match to battalion chief's First Amendment claims

Burr & Forman on 6/12/2017

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

F-Word Facebook Firing Flipped By Federal Court

Fisher Phillips on 4/25/2017

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Employment Law Navigator – Week in Review: October 2016 #3

Zelle LLP on 10/17/2016

Last week, the EEOC held a public meeting on the growing use of big data and predictive analytics in employment decision-making. A panel of industrial psychologists, attorneys, and labor economists told the EEOC that the use...more

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

Robinson+Cole Data Privacy + Security Insider on 11/2/2015

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

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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