News & Analysis as of

Hiring & Firing › Title VII › Retailers

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 -
Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on

Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Constangy, Brooks, Smith & Prophete, LLP

Retailer - Fall 2018

Constangy, Brooks, Smith & Prophete, LLP on

NEWS & ANALYSIS - Where no performance review has gone before - By a show of hands, how many of you use annual performance reviews? And how many of you think that there must be a better way to manage your employees? If...more

Littler

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

Fisher Phillips

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Keeping the Scrooge Out of Seasonal Hiring: 6 Tips for Retailers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

November and December account for a substantial portion of retail sales—up to 30 percent of annual sales for some businesses. And while there are reports that this holiday shopping season has been delayed due to the...more

Parker Poe Adams & Bernstein LLP

Despite Abercrombie, Fifth Circuit Again Rejects Claim From Employee Fired for Refusing to Read Rosary

Parker Poe Adams & Bernstein LLP on

Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more

Fisher Phillips

Retailers Should Heed Supreme Court Guidance On Religion

Fisher Phillips on

Earlier this summer, the U.S. Supreme Court held that retail giant Abercrombie & Fitch committed religious discrimination by refusing to hire an applicant (EEOC v. Abercrombie & Fitch, read Alert here). The company believed...more

Baker Donelson

Religious Protection or Religious Preference? – Supreme Court Rules in Abercrombie Headscarf Case

Baker Donelson on

On Monday, June 1, the Supreme Court decided a religious discrimination case involving Abercrombie & Fitch and the EEOC. The Court held that "[a]n employee may not make an applicant's religious practice, confirmed or...more

Littler

What Matters is Motive: Religious Accommodation Need as a "Motivating Factor" in Employment Decisions

Littler on

The U.S. Supreme Court’s decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. resulted in an expected outcome but provided an unexpectedly small amount of practical guidance for employers. ...more

Dorsey & Whitney LLP

Supreme Court Sides with Applicant in Abercrombie Headscarf Dispute

Dorsey & Whitney LLP on

Yesterday, in EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. ___ (2015), the Supreme Court of the United States held that an applicant does not need to inform an employer of her need for a religious accommodation in order...more

Ballard Spahr LLP

Supreme Court Clarifies Burden of Proof for Religious Accommodation and Disparate-Treatment Claims

Ballard Spahr LLP on

The U.S. Supreme Court sided with the EEOC today and clarified the standard for religious accommodation and disparate-treatment claims under Title VII. The Court ruled that an applicant can advance a disparate-treatment claim...more

Franczek P.C.

High Court: Applicant Need Not Specifically Request Religious Accommodation To Maintain Title VII Claim

Franczek P.C. on

On June 1, 2015, the U.S. Supreme Court ruled that an applicant rejected for a retail store position by Abercrombie & Fitch because she wore a headscarf could maintain a Title VII claim against the retailer, even though she...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Office Concepts for Pregnancy Discrimination

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

Fort Wayne Office Product and Service Store Fired Employee After She Announced Her Pregnancy, Federal Agency Charges - INDIANAPOLIS - Office Concepts, Inc., a Fort Wayne, Ind., business which provides machines,...more

Foley & Lardner LLP

Court Dismisses EEOC's Controversial Lawsuit Challenging Standard Provisions in Separation Agreements

Foley & Lardner LLP on

Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully...more

Epstein Becker & Green

Take 5 Newsletter: Five New Challenges Facing Retail Employers

Epstein Becker & Green on

Retailers face new challenges every day as a result of legislation, litigation, and technology. This Take 5 addresses some of these challenges. 1. Pregnancy Accommodation - Several states and municipalities...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide