News & Analysis as of

Hiring & Firing › Anti-Discrimination Policies › Americans with Disabilities Act (ADA)

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 -
Conn Kavanaugh

Artificial Intelligence in Human Resources: A Guide for Business Leaders

Conn Kavanaugh on

This is the first in a series of three articles regarding AI in the workplace. The integration of artificial intelligence (“AI”) into human resources operations presents both unprecedented opportunities and significant...more

Cozen O'Connor

Fall 2024 Employer Check-up: Reduce Risk When Using AI Vendors’ Hiring Tools

Cozen O'Connor on

Last month, the U.S. Department of Labor (DOL) announced a new initiative, the “AI & Inclusive Hiring Framework,” funded by the DOL’s Office of Disability Employment Policy (ODEP). This framework is a voluntary resource to...more

Seyfarth Shaw LLP

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

Epstein Becker & Green

AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Epstein Becker & Green on

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more

U.S. Equal Employment Opportunity Commission...

Gregg Orr Auto to Pay $325,000 to Resolve Disability and Age Discrimination Lawsuit

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

Federal Agency Charged Car Dealership Company Fired Longtime Employee To Avoid Healthcare Costs - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a group of car dealerships, has agreed to pay $325,000 and provide other...more

Rumberger | Kirk

Using AI in Human Resources and the Risks of Employment Discrimination

Rumberger | Kirk on

Artificial intelligence (AI) is taking the world by storm and revolutionizing how people work. While the possibilities for automation and increasing efficiency appear endless with the rapid progression of this technology,...more

Proskauer Rose LLP

Employment Issues in Generative AI

Proskauer Rose LLP on

The second webinar in our series, “Employment Issues in Generative AI,” explored the evolving impact of generative AI (or “GAI”) on the workplace and how employers can work to ensure the ethical and responsible use of AI...more

BCLP

New York City Mandates AI Bias Analysis

BCLP on

Businesses have become increasingly reliant on artificial intelligence (AI) to assist with hiring, promotion, and other employment-related tasks. These tools are facing increased scrutiny from regulators, especially in New...more

Bricker Graydon LLP

[Event] Employment Law Hot Topics - November 8th, Columbus, OH

Bricker Graydon LLP on

Bricker & Eckler’s annual “Hot Topics” seminar provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. This year, we are pleased to partner with Scotts...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

Constangy, Brooks, Smith & Prophete, LLP on

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Mintz - Employment Viewpoints

EEOC Updates Screening, Testing, and Mandatory Vaccination Polices

Mintz - Employment Viewpoints on

After several months, the EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic’s interaction with anti-discrimination laws, with a particular focus on the workplace screening, testing,...more

Mintz - Employment Viewpoints

EEOC Issues Guidance Addressing How the Use of Artificial Intelligence in Employment Decisions Could Violate the ADA

Mintz - Employment Viewpoints on

As employers continue to introduce a variety of software, algorithmic and artificial intelligence (“AI”) based tools into the workplace to assist and support employment-based decisions, there is an increasing concern that...more

U.S. Equal Employment Opportunity Commission...

RCC Partners to Pay $30,000 to Settle EEOC Disability Discrimination Lawsuit

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

Subway Franchise Failed to Accommodate an Autistic Worker and Then Fired Him Because of His Disability, Federal Agency Charges - PHOENIX – RCC Partners, LLC, doing business as sandwich shop Subway 701 in Buckeye, Arizona,...more

U.S. Equal Employment Opportunity Commission...

VHS West Suburban Medical Center to Pay $150,000 to Settle EEOC Disability Discrimination Lawsuit

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

Former Owner of Oak Park Hospital Fired Woman With a Disability Instead of Accommodating Her, Federal Agency Charged - CHICAGO – The former owner of West Suburban Medical Center, an Oak Park, Illinois hospital will pay...more

Mitratech Holdings, Inc

[Webinar] Navigating Today’s Tough HR Questions: Best Practices from the Experts - July 21st, 9:00 am - 10:30 am PDT

Mitratech Holdings, Inc on

As diversity, equity, and inclusion take center stage in the HR landscape, challenges emerge. What are the EEO and ADA considerations employers need to keep in mind as we consider returning to work and leverage telework? How...more

Adams & Reese

Beat the Bots: Employer Risk in Delegating Hiring Practices to Artificial Intelligence— A Dilemma Worth Solving

Adams & Reese on

As the hiring market surges in the post COVID-19 world, companies may be tempted to automate hiring systems by adopting artificial intelligence (AI), freeing up human resources professionals to engage with candidates at a...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Jaburg Wilk

Tips for Employers Who Hear “I’m Afraid to Return to Work”

Jaburg Wilk on

As more employers are calling their remote workforces back to the workplace, it is likely they will run into employees who refuse to return to the office and wish to continue teleworking. Employers need to carefully evaluate...more

Farella Braun + Martel LLP

Coronavirus and the Workplace: Guidance for Employers Resuming Operations

Farella Braun + Martel LLP on

As states and localities begin to relax shelter-in-place requirements and allow businesses to reopen, the coronavirus pandemic presents new challenges for employers. In addition to operational and logistical questions...more

Greenbaum, Rowe, Smith & Davis LLP

COVID-19 Employment Law Update: Guidance For Employers from the CDC and OSHA; Employers Rights and Responsibilities Under the ADA...

Greenbaum, Rowe, Smith & Davis LLP on

The Centers for Disease Control and Prevention's (CDC) official declaration of COVID-19 as a pandemic has a significant impact on employer and employee rights and obligations in the workplace under various state and federal...more

Seyfarth Shaw LLP

Nuclear Power Company Avoids ADA Discrimination Claim Meltdown

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more

Perkins Coie

Washington Supreme Court Holds That Obesity Is Protected Against Discrimination

Perkins Coie on

The Washington State Supreme Court recently held obesity qualifies as an impairment under the Washington Law Against Discrimination (WLAD). The decision runs counter to other court decisions across the country finding obesity...more

Fisher Phillips

Obesity: A New Protected Class In Washington

Fisher Phillips on

The Washington Supreme Court held for the first time yesterday that obesity is a protected class under state anti-discrimination law (Taylor v. Burlington Northern Railroad Holdings, Inc.). This decision runs counter to...more

Bowditch & Dewey

Client Alert - Bush 1 and a Domestic Legacy: The Americans with Disabilities Act

Bowditch & Dewey on

The recent passing of George H. W. Bush is a fitting moment to reflect upon one of his most enduring legacies in the sphere of domestic policy: the Americans with Disabilities Act, which he signed into law on July 26, 1990....more

Cozen O'Connor

Why Should I Care About Employment Law? Common Pitfalls for Emerging Companies

Cozen O'Connor on

Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often...more

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