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Hiring & Firing › Gender 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 -
Bradley Arant Boult Cummings LLP

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

Bradley Arant Boult Cummings LLP on

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Ballard Spahr LLP

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

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Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

Fisher Phillips

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

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Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

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In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

Bradley Arant Boult Cummings LLP on

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

BCLP

UK HR Two-Minute Monthly: March 2024

BCLP on

Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more

Fisher Phillips

EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

Fisher Phillips on

We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal...more

U.S. Equal Employment Opportunity Commission...

Job Seekers Not Hired by Radiant Services in Gardena May Have Suffered Discrimination, EEOC Says

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

People Not Selected to Work at Gardena Laundry Encouraged to Contact Federal Agency - LOS ANGELES -- On Sept. 13, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit in federal court in Los...more

U.S. Equal Employment Opportunity Commission...

Job Seekers Who Applied to National Staffing Agency BaronHR May Have Suffered Discrimination, EEOC Says

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

People Not Selected for Job Placement Encouraged to Contact Federal Agency - LOS ANGELES -- On Sept. 13, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit in federal court against BaronHR for...more

McAfee & Taft

Employee can’t show firing was because of her gender

McAfee & Taft on

Discrimination claims are determined by a three-step analysis under which often the third step — pretext — is key. The first steps are relatively simple to establish. For the first step in their prima facie case, a plaintiff...more

Cranfill Sumner LLP

Burden of Proof: Fourth Circuit Reaffirms that Employees Must Show Discriminatory Intent

Cranfill Sumner LLP on

One of the most important decisions in employment discrimination law this year remains the Fourth Circuit Court of Appeals’ decision in Balderson v. Lincare Inc., in which the Court reiterated that Title VII plaintiffs (and...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

NAVEX

Diversity, Equity, and Inclusion: More Transparency and Accountability

NAVEX on

Perhaps no year has forced employers to re-examine their work environments more than 2020. While COVID-19 has thrust upon us a workplace that is physically amorphous, the Black Lives Matter movement has also created an...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

American Conference Institute (ACI) on

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

Fisher Phillips

Court Ruling Points to Expanded LGBT Anti-Discrimination Protections in China

Fisher Phillips on

In a landmark ruling, a Beijing court ruled in favor of a transgender employee against her employer, a Chinese e-commerce company, interpreting China’s anti-discrimination laws to include protection based on sexual...more

Carlton Fields

Construction Contractors Take Note: OFCCP’s Industry-Focused Technical Assistance Guide (TAG) May Prove Helpful in Preparing for...

Carlton Fields on

Federal construction contractors are barred from discriminating in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or covered veteran status, and many...more

Littler

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

Littler on

On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more

Troutman Pepper Locke

Third Circuit Upholds Philadelphia's Salary History Ban

Troutman Pepper Locke on

The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more

Fisher Phillips

‘Say What You Mean and Mean What You Say’: Partners Explain How Employers Can Promote Gender Equality and Pay Equity in the #MeToo...

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The national conversation around issues of gender equality and the demands for pay equity is driving rapid changes in the law. Many states – including New York, California, Massachusetts, Oregon and New Jersey – have passed...more

Polsinelli

OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process

Polsinelli on

Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019.  The guide follows a flurry of OFCCP...more

Polsinelli

OFCCP Announces Three Multimillion Dollar Bias Settlements

Polsinelli on

The OFCCP opened the month of October by announcing three multimillion dollar settlements with major government contractors.  The agency entered into early resolution conciliation agreements with Goldman Sachs & Co. LLC and...more

Littler

Columbia, South Carolina Limits Inquiries About Applicants’ Criminal and Salary Histories

Littler on

Columbia, South Carolina passed an ordinance effective August 6, 2019, limiting employers’ use of criminal background checks and banning employers from inquiring about salary history on job applications. ...more

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