News & Analysis as of

Employer Liability Issues Job Applicants Race Discrimination

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

BCLP on

Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Fisher Phillips

New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring

Fisher Phillips on

A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. The University of Washington...more

Fisher Phillips

Growing Attacks on Corporate DEI Programs: 5 Employer Takeaways to Help Support Your Diversity, Equity, and Inclusion Efforts

Fisher Phillips on

Diversity, equity, and inclusion programs are facing scrutiny across the country, causing some employers to scale down their DEI initiatives or drop them altogether. As companies face pressure and increasing legal challenges,...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Littler

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

Littler on

The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations.  The ordinance...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sheetz, Inc. For Racially Discriminatory Hiring Practice

Federal Agency Charges That Employer's Criminal History Screening Causes Discriminatory Impact Against Black, Native American and Other Workers- BALTIMORE – Sheetz, a large convenience store chain, violated federal law by...more

Mayer Brown

Guide to Discrimination Law in Hong Kong

Mayer Brown on

Introduction - GENERAL OVERVIEW - Hong Kong employers and employees have become increasingly aware of their rights and obligations under the anti-discrimination legislation since the passing of the Sex Discrimination...more

Fisher Phillips

Did Workplace DEI Programs DIE Following the Supreme Court’s Affirmative Action Decision? 6 Steps You Should Take to Ensure...

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It’s been nearly two months since the Supreme Court struck down affirmative action in college admissions – and many employers are still wondering whether their workplace Diversity, Equity & Inclusion programs are still legal...more

Paul Hastings LLP

What Employers Need to Know about the SCOTUS Affirmative Action Decision

Paul Hastings LLP on

Federal law governing affirmative action and non-discrimination in employment is unaffected by the Supreme Court’s highly publicized affirmative action decision published June 29, 2023. Still, the decision is sure to...more

Fisher Phillips

3 Ways the Affirmative Action SCOTUS Ruling May Have Ripple Effects on Employers + 6 Steps to Boost Your DEI Program

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While employers may not be directly impacted by yesterday’s SCOTUS decision blocking affirmative action in education admissions, the new standard will likely have big ripple effects on the world of workplace law before long —...more

Mitratech Holdings, Inc

[Webinar] Panel Discussion – The Current Debate Over Affirmative Action: What This Means for Employers - April 5th, 9:30 am PT

As we await the Supreme Court’s decisions on the Harvard and UNC cases involving the long-held practice of using race as a factor in student admissions policies, affirmative action hangs in the balance and poses questions as...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

DCI Consulting on

Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...more

Robinson & Cole LLP

The CROWN Act: What Connecticut Employers Need to Know

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Connecticut House Bill 6515, otherwise known as the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which prohibits workplace discrimination as well as discrimination in public accommodations, housing,...more

Parker Poe Adams & Bernstein LLP

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

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

U.S. Equal Employment Opportunity Commission...

Champion Fiberglass Settles EEOC Suit for Class Hiring Discrimination

Local Company Pays $225,000 to Resolve Claims That It Unlawfully Discriminated Against Non-Hispanic Applicants - HOUSTON - Champion Fiberglass, Inc. ("Champion"), a Houston-area manufacturing company, has settled a...more

U.S. Equal Employment Opportunity Commission...

Coffel Vending to Pay $22,000 to Settle EEOC Race Hiring Suit

Relief Obtained for Black Applicant Denied Vending Servicer Job Because of Race - SOUTH BEND, Ind. - A northern Indiana vending and coffee service provider will pay $22,000 and other significant relief to resolve a race...more

Epstein Becker & Green

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

Littler

New Jersey Latest State to Ban Hairstyle Discrimination

Littler on

With its “Create a Respectful and Open Workplace for Natural Hair Act” (CROWN Act), New Jersey just became the third state to enact legislation specifically prohibiting discrimination based on hair texture or hairstyles...more

Epstein Becker & Green

New Jersey Bans Discrimination Based on Hair

Epstein Becker & Green on

On December 19, 2019, New Jersey enacted legislation amending the New Jersey Law Against Discrimination (“NJLAD”) to add a definition for “Race” – which has always been a protected category under the NJLAD – and for the term...more

BCLP

Remember to Think Outside the Box: Ban-the-Box Laws Are Not the Only Restrictions on Consideration of an Applicant’s Criminal...

BCLP on

A growing chorus of cities, counties, and states have passed “ban-the-box” laws that restrict when and how employers can consider an applicant’s or employee’s criminal history. Currently, thirteen states (California,...more

Seyfarth Shaw LLP

Plaintiff Strikes Out in Tort Suit Against River Cats Baseball

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a refreshing display of judicial restraint, the California Court of Appeal has declined to extend California’s “wrongful termination” law to a failure to hire, because in the absence of a preexisting...more

U.S. Equal Employment Opportunity Commission...

Marquez Brothers to Pay $2 Million to Settle EEOC Race Discrimination Suit

Non-Hispanic Applicants Discouraged from Applying or Not Hired Are Encouraged to File a Claim, Federal Agency Says - FRESNO, Calif. - Marquez Brothers International, Inc. and its affiliates will pay $2 million and furnish...more

Akin Gump Strauss Hauer & Feld LLP

New York Enacts Various New Employment Laws

• The New York State Equal Pay Act (EPA) now will apply to all protected categories (including race, national origin, religion, etc.) rather than just gender, dramatically expanding the reach of the statute. • New York...more

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

Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

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