News & Analysis as of September 19, 2024

Hiring & Firing › Investigations

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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 -

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

Parker Poe Adams & Bernstein LLP on 8/9/2024

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Passages Family Support to Pay $95,000 to Resolve Religious Discrimination Charge

U.S. Equal Employment Opportunity Commission... on 4/5/2024

EEOC Investigation Finds Clinic Refused to Provide Reasonable Accommodation and Discharged Employee Because of Religious Beliefs - SEATTLE – Passages Family Support, a non-profit organization with a clinic in Spokane,...more

[Webinar] Both Sides of the Coin: Employee Separation from Two Perspectives - October 17th, 1:00 pm - 2:00 pm EDT

Association of Certified E-Discovery... on 10/3/2023

Employee separation is an event that commonly involves investigations and litigation, as well as eDiscovery. Cases can rely heavily on electronic evidence, so Dr. Gavin W. Manes of Avansic and Craig Ball of Ball in Your Court...more

I got fired at age 60. Must have been my age.

Constangy, Brooks, Smith & Prophete, LLP on 4/14/2023

Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more

Report on Research Compliance Volume 20, Number 2. In This Month’s E-News: February 2023

Health Care Compliance Association (HCCA) on 1/31/2023

Report on Research Compliance Volume 20, Number 2. (January 2023) -Hired under the Intergovernmental Personnel Act (IPA), staff referred to as IPAs assist the National Science Foundation (NSF) as temporary directors,...more

What’s in Store for the Next Four Years? The EEOC’s Strategic Plan

Akerman LLP - HR Defense on 1/10/2023

The EEOC promises to secure greater equitable relief, to better investigate systematic discrimination, and to improve its customer service over the next four years, among other New Year’s resolutions. In its draft EEOC...more

Report on Research Compliance Volume 20, Number 1. With Greater Than Half Its Positions Vacant, OHRP Employing More Technology,...

Health Care Compliance Association (HCCA) on 12/28/2022

The HHS Office for Human Research Protections (OHRP) is currently operating with a 62% vacancy rate among staff, as it has not filled open positions, agency officials say. OHRP has a staff of 20, but there are an additional...more

NLRB Upholds Johnnie’s Poultry Standard in Sunbelt Rentals, Inc. Decision

Perkins Coie on 12/22/2022

Employers investigating unfair labor practice claims can breathe a little easier, as the National Labor Relations Board (NLRB or the Board) upheld the longstanding Johnnie’s Poultry standard for conducting interviews with...more

Holbrey v States Employment Board and Others [2022] TRE 31A

Walkers on 12/6/2022

In Holbrey v States Employment Board and Others [2022] TRE 31A the Jersey Employment and Discrimination Tribunal had to consider a number of potential issues, including disability discrimination for a non-physical disability,...more

Key Developments for Employers in the UK - Issue 4

Dechert LLP on 10/20/2022

Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more

Annual Report On EEOC Developments - Fiscal Year 2021

Littler on 4/26/2022

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC...more

OFCCP Investigates Companies For Diversity Hiring Plans

Husch Blackwell LLP on 10/21/2020

Earlier this month, the Wall Street Journal reported that the Department of Labor Office of Federal Contract Compliance Programs (OFCCP) launched probes of two large companies, challenging their diversity initiatives to...more

What Manufacturers Should Know About The EEOC

Jackson Lewis P.C. on 8/24/2020

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against an employee or a job applicant based on membership in protected classes. The agency has...more

USCIS Steps Up VISA Enforcement Activity

Burr & Forman on 11/20/2019

Employers who file I-129 petitions to sponsor foreign nationals for work visas make a number of representations to the U.S. Citizenship and Immigration Services (USCIS) about the terms of the foreign national’s employment,...more

Practical Tips on Working with Former Employees Who Are Key Witnesses

Pierce Atwood LLP on 9/28/2019

Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim....more

New California Law Extends Defamation Privilege to Communications Related to Sexual Harassment Claims and Investigations

Mintz - Employment Viewpoints on 7/27/2018

California Governor Jerry Brown recently signed into law A.B. 2770, creating new protections for employers, witnesses, and complainants from defamation lawsuits related to making, assisting, or discussing good-faith sexual...more

States Look for New Angle to Fight No-Poach Agreements

Fisher Phillips on 7/18/2018

Attorneys general in ten states and the District of Columbia have recently launched an investigation into the employment practices of eight fast-food franchises. The group sent a joint letter to the companies requesting...more

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger LLP on 6/22/2018

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Lincoln Cemetery Sued by EEOC for Retaliation

U.S. Equal Employment Opportunity Commission... on 8/23/2017

Company Terminated a 31-Year Veteran Employee After She Participated in a Discrimination Investigation, Federal Agency Charges - ATLANTA - Lincoln Cemetery, Inc., an Atlanta corporation specializing in interment...more

DOJ Expands Time Frame to Investigate Immigration-Related Discrimination Actions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/13/2017

Earlier in 2017, new rules became effective from the U.S. Department of Justice’s (DOJ) Civil Rights Division impacting the authority of the Immigrant and Employee Rights Section (IER)—formerly known as the Office of Special...more

Employment News - March 2017 #4

Hogan Lovells on 3/27/2017

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

Scope of Pennsylvania's Whistleblower Law Examined

McNees Wallace & Nurick LLC on 3/20/2017

As if Counties could forget that Court employees are just a little different, the Commonwealth Court of Pennsylvania sent us another reminder when the Court held that the Pennsylvania Whistleblower Law does not apply to...more

EEOC Performance and Accountability Report Shows Increase in Charge Filings for FY 2016

Littler on 11/18/2016

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its annual Performance and Accountability Report (PAR), revealing an increase in charge activity for FY 2016. According to the PAR, the...more

Shoddy Harassment Investigation Comes Back To Bite Employer

Constangy, Brooks, Smith & Prophete, LLP on 8/26/2016

Employers, has this ever happened to you? An employee has accused her boss of sexual harassment. Right now, it’s her word against his, but you might be able to find out the truth if you interview her co-workers. The...more

No Knocking Necessary: Court Rules EEOC Can Enter Employer’s Premises Without Warrant Or Consent

Seyfarth Shaw LLP on 5/10/2016

Seyfarth Synopsis: Court ordered enforcement of the EEOC’s subpoena and authorized the Commission to conduct an on-site investigation without the employer’s consent. The EEOC has conducted on-site inspections of...more

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Hiring & Firing › Investigations

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