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Hiring & Firing › Age Discrimination › Employment Discrimination

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 -
Husch Blackwell LLP

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

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In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

Foley & Lardner LLP

Considering a Reduction in Force? Some Preliminary Considerations

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Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an...more

Kohrman Jackson & Krantz LLP

Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline

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In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

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Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

CDF Labor Law LLP

Federal Court Grants Preliminary Certification in Landmark AI Hiring Bias Case

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As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more

Warner Norcross + Judd

Employment Terminations Based on “Cultural Fit”: A Cautionary Tale for Employers

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On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more

Littler

Think Before You Ask: Oregon Cracks Down on Age-Related Hiring Questions and Increases Age Discrimination Protections for...

Littler on

Oregon is widely considered an employee-friendly state with a robust framework of statutes prohibiting various forms of discrimination and retaliation in employment. When it comes to age, Oregon is one of only a handful of...more

Orrick, Herrington & Sutcliffe LLP

Looking for a "Digital Native" in a Job Ad is Discriminatory!

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The regional labor court (Landesarbeitsgericht) ("LAG") Baden-Württemberg decided that an applicant can claim compensation for discrimination based on a job ad that said the employer was looking for a "digital native" (17 Sa...more

Davis Wright Tremaine LLP

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

Davis Wright Tremaine LLP on

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Cooley LLP

10th Circuit Decision Highlights Best Practices for Employers Planning Reductions in Force

Cooley LLP on

In Raymond v. Spirit AeroSystems Holdings, the US Court of Appeals for the 10th Circuit considered and rejected a group of former employees’ allegations that they were selected for termination in a reduction in force (RIF)...more

Fisher Phillips

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

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A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

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Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

U.S. Equal Employment Opportunity Commission...

TKO Construction Services to Pay $300,000 to Settle EEOC Sex, Race and Age Discrimination Lawsuit

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

Federal Agency Charged Employee Was Forced to Resign After She Was Told to Not Hire Women, Blacks and Older Workers for Construction Industry Jobs - MINNEAPOLIS – TKO Construction Services, a staffing company that provides...more

U.S. Equal Employment Opportunity Commission...

Noble Energy Settles EEOC Age Discrimination Charge

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

DENVER – Houston-based Noble Energy, Inc. will implement a series of anti-discrimination measures to conciliate age discrimination allegations by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency...more

Fisher Phillips

Feds Say Tech Industry Still Lacks Diversity: 10 Steps Employers Can Take to Eliminate Barriers

Fisher Phillips on

Tech industry employers may want to boost their anti-discrimination efforts as the federal government recently decided to shine a spotlight on low diversity in many high-tech occupations. Although tech employers have made...more

Smith Debnam Narron Drake Saintsing & Myers,...

Evidence Over Inference: Fourth Circuit Rejects Same-Actor Inference in Recent Employment Discrimination Case

Smith Debnam Narron Drake Saintsing & Myers,... on

A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more

Constangy, Brooks, Smith & Prophete, LLP

Hiring discrimination claims: 5 ways to stay out of hot water

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Learn from a real employer's mistakes. Imagine this scenario: You are advertising for an open position. You get three applicants: •Applicant 1 meets or exceeds all of your requirements. •Applicant 2 fails to meet your...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

McAfee & Taft

EEOC sues Meatheads

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Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

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You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

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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

DCI Consulting

EEOC Settles First AI Hiring Bias Lawsuit

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The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides...more

Frantz Ward LLP

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

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We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of...more

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