News & Analysis as of September 20, 2024

Job Applicants

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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 -

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

Fisher Phillips on 7/17/2024

A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....more

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

Bradley Arant Boult Cummings LLP on 6/6/2024

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

The Modern Group and Dragon Rig Sales to Pay $35,000 in EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 5/17/2024

Settles Federal Charges That Industrial Manufacturing and Service Company and Its Subsidiary Subjected Applicant to Discrimination Because of His Disabilities - BEAUMONT, Texas – The Modern Group, Ltd. (TMG), headquartered...more

EEOC Releases Two Reports on the Federal Workforce and Disabilities

U.S. Equal Employment Opportunity Commission... on 3/20/2024

Programs to Hire and Aid Federal Workers With Disabilities May Be Little Known and Underused - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released two reports on people with disabilities in...more

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on 9/25/2023

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

EEOC Sues the Phoenix Center for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 9/21/2023

Recovery Center Fired and Refused to Hire People Because of Their Disabilities, and Subjected Applicants to Impermissible Medical Inquiries, Federal Agency Charges - INDIANAPOLIS — The Phoenix Center Inc., a mental health...more

EEOC Sues Trico Transportation Services for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 9/21/2023

Trucking Company Revoked Offer of Employment Because of Applicant’s Back Pain History, Federal Agency Charges - NEW ORLEANS – Trico Transportation Services, Inc., a logistics management and specialty hauling company,...more

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

Sheppard Mullin Richter & Hampton LLP on 8/23/2023

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...more

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

Fisher Phillips on 8/9/2023

Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

CDF Labor Law LLP on 8/2/2023

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities....more

Lion Elastomers Pays $175,000 to Settle EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 7/18/2023

Settles Federal Charges Company Subjected Job Applicants to Disability Discrimination Because of Perceived Back Impairments - HOUSTON – Lion Elastomers, LLC, a manufacturing plant in Port Neches, Texas, agreed to pay...more

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on 6/22/2023

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Eleventh Circuit Holds that Employees Must Show an Adverse Employment Action to Establish a Failure to Accommodate Under the ADA

Benesch on 5/31/2023

On May 24, 2023, the Eleventh Circuit ruled that a failure to accommodate claim under the American with Disabilities Act (“ADA”) is only actionable if the employee establishes that the failure to accommodate negatively...more

Fifth Circuit: Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on 5/24/2023

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

OFCCP Week in Review, Special Edition | DEAMcon23 Day Three Recap

DirectEmployers Association on 5/18/2023

This is Part 3 of a 3-Part series reporting on the 50 speakers delivering 27 different educational presentations at the DirectEmployers (DE) 3-day Annual Meeting (DEAMcon23) of DE Members, Recruit Rooster customers, and...more

Manufacturing Employers Continue Smart Hiring, With a New Twist

Jackson Lewis P.C. on 5/2/2023

Today’s manufacturers must be creative, yet transparent, in attempting to attract entry level and semi-skilled applicants to positions in good work environments with competitive pay and benefits (despite out-of-date...more

AI is Here and So Are the New AI Rules for Employers

Proskauer - California Employment Law on 4/25/2023

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more

[Webinar] Navigating the Legal Landscape of Hiring: Best Practices for Compliance and Transparency - March 28th, 2:00 pm ET

Mitratech Holdings, Inc on 3/22/2023

Hiring is a complex process that requires attention to detail and adherence to various legal requirements. One of the biggest challenges HR professionals face is the ever-changing legal landscape, as laws and regulations...more

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Hiring & Firing › Reasonable Accommodation › Job Applicants

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

The Modern Group and Dragon Rig Sales to Pay $35,000 in EEOC Disability Discrimination Lawsuit

EEOC Releases Two Reports on the Federal Workforce and Disabilities

Using AI to Facilitate Employment-Related Processes Carries Risk

EEOC Sues the Phoenix Center for Disability Discrimination

EEOC Sues Trico Transportation Services for Disability Discrimination

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

Lion Elastomers Pays $175,000 to Settle EEOC Disability Discrimination Lawsuit

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Eleventh Circuit Holds that Employees Must Show an Adverse Employment Action to Establish a Failure to Accommodate Under the ADA

Fifth Circuit: Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

OFCCP Week in Review, Special Edition | DEAMcon23 Day Three Recap

Manufacturing Employers Continue Smart Hiring, With a New Twist

AI is Here and So Are the New AI Rules for Employers

[Webinar] Navigating the Legal Landscape of Hiring: Best Practices for Compliance and Transparency - March 28th, 2:00 pm ET

The EEOC Issues New Guidance Reminding Employers of Protections for Applicant and Employees with Hearing Disabilities

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

5 Ways to Embrace Neurodiversity in Your Workplace

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

EEOC Sues Lyneer Staffing, LLC for Disability Discrimination

International Paper Co. to Pay $65,000 to Settle EEOC Disability Discrimination Suit

Hiring & Firing › Reasonable Accommodation › Job Applicants

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