News & Analysis as of September 19, 2024

Personnel Records

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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 -

LGBTQ Employees Can Sue for Termination – What Other Employment Policies Do You Now Need to Review?

Foley & Lardner LLP on 8/4/2020

A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more

Actions Taken in Violation of State Law May Not Be Protected Activities Under Title VII

Seyfarth Shaw LLP on 12/5/2018

Plaintiffs often have difficulty producing evidence of comparators when attempting to prove unlawful discrimination because records contained in personnel files are confidential, but any attempts to gather such evidence must...more

No, Stealing Personnel Files Is Not Protected Activity (But the analysis doesn’t end there)

Polsinelli on 11/21/2018

On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes, et al, upholding dismissal of Netter’s case because her...more

How long do I keep applications?

McAfee & Taft on 10/20/2015

Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that...more

EEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks

Hinshaw & Culbertson LLP on 7/17/2015

We don't think about personnel files – we just have them. Everything from employment applications to benefits enrollment forms to discipline and discharge documents goes into those files. But did you know that the EEOC...more

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