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Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Rules Plaintiffs Must Use More Than National Criminal Statistics to Prove Racial Discrimination

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According to U.S. Department of Justice statistics, Black men in the U.S. are more likely to be arrested and have criminal convictions on their records than their white counterparts. Last week, a split Second Circuit Court of...more

Fisher Phillips

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

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In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Seyfarth Shaw LLP

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

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Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

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

Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

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Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act...more

Seyfarth Shaw LLP

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

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Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

Bradley Arant Boult Cummings LLP

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

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Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Foley & Lardner LLP

Just Like Hollywood, Big Pictures are Best in Termination Decisions

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A federal appeals court recently revived a former employee’s gender discriminatory discharge claim even though there appeared to be legitimate reasons for her termination. The decision suggests that employers take a big...more

Seyfarth Shaw LLP

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

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As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Seyfarth Shaw LLP

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

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In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

Kelley Drye & Warren LLP

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

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As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

Baker Donelson

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

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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

Parker Poe Adams & Bernstein LLP

Employees' Different Approaches Toward Salary Negotiations Does Not Justify Disparate Pay

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Federal agencies and the media have paid a great deal of recent attention to the continuing disparities in salaries between male and female employees. Some experts have argued that part of this disparity is based on different...more

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