News & Analysis as of

Hiring & Firing Appearance Policy Dress Codes

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 -
Constangy, Brooks, Smith & Prophete, LLP

Employer skirts constructive discharge claim

Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more

Proskauer - California Employment Law

California Bill Aims to Prohibit Employers from Discriminating on Basis of Hairstyle

A new California bill aims to make it illegal for employers to discriminate against employees based upon their hairstyles. SB 188, also known as the “CROWN Act” (Create a Respectful and Open Workplace for Natural hair),...more

Herbert Smith Freehills Kramer

NYC Commission on Human Rights Issues New Guidance Regarding Discrimination Based on Hair and Hairstyles

The NYC Commission on Human Rights (Commission) recently released new legal enforcement guidance (guidance) that prohibits employers from punishing, demoting, firing, harassing or taking other adverse actions against workers...more

Troutman Pepper Locke

Hair Styles May Be Protected Under Discrimination Laws

Troutman Pepper Locke on

Q: Is it lawful to require an employees or applicants to style their hair in a certain manner? A: As with most employment-related questions, the answer is it depends. ...more

Fisher Phillips

Can You Judge A Book By Its Cover? Adopting And Enforcing Dress Codes And Appearance Policies

Fisher Phillips on

Many hospitality employers impose strict guidelines on employee appearance, dress, and grooming – and for legitimate reasons. These rules protect your public image, promote a productive work environment, comply with health...more

Laner Muchin, Ltd.

U.S. Supreme Court Rules Against Abercrombie In Headscarf Religious Accommodation Case

Laner Muchin, Ltd. on

The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more

Foley & Lardner LLP

Don’t Ask, Don’t Tell? When It Comes to Religious Accommodation, the Supreme Court Offers Guidance (Well, Sort Of…)

Foley & Lardner LLP on

What if it looks like someone may need a religious accommodation, but the individual never asks? Does the company still have a duty to accommodate? In a much awaited opinion, the Supreme Court, in an 8-1 decision, determined...more

Kelley Drye & Warren LLP

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

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

Williams Mullen

Supreme Court Sides with EEOC in Longstanding Hijab Dispute with National Clothing Retailer

Williams Mullen on

On June 1, 2015, the U.S. Supreme Court sided with the EEOC in the well-chronicled case involving a Muslim job applicant who the EEOC claimed was illegally denied employment because of her religion. In EEOC v. Abercrombie &...more

Jackson Walker

Accommodating Religious Practices in the Workplace: Time to Check Those Dress Codes

Jackson Walker on

Use of a Dress Code Gone Bad - Employers catering to the public, or relying upon in-person customer contacts to promote their businesses, have frequently established employee "dress codes" to regularize the appearance of...more

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