News & Analysis as of August 8, 2025

First Amendment

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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 -

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on 2/26/2025

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Avoid Workplace Pitfalls at Election Time

Cranfill Sumner LLP on 3/2/2020

With Super Tuesday coming up on March 3, 2020, it’s smart for employers to have a plan on how to handle voting day itself and the aftermath and its effects. Here are some quick tips to make sure that March 3rd comes and goes...more

New Jersey Employers Are No Longer Permitted To Inquire About Applicants’ Compensation History

White and Williams LLP on 8/30/2019

Effective January 2020, New Jersey’s Law Against Discrimination (LAD) will prohibit private sector employers from asking new-hire applicants about their compensation history prior to making an offer of employment, which...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on 11/3/2017

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

Cozen O'Connor on 9/15/2015

Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more

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