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Hiring & Firing › Human Resources Professionals › 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 -
Keating Muething & Klekamp PLL

AI in Hiring: The Promise, the Pitfalls, and the Response

Keating Muething & Klekamp PLL on

From resume screening bots to AI tools that assess facial expressions in interviews, artificial intelligence is rapidly changing how employers make decisions about candidates and employees. Artificial intelligence (AI) and...more

Proskauer - Law and the Workplace

Survey of Managers Highlights The Widespread Use and Potential Risks of Unsanctioned AI Use

Proskauer - Law and the Workplace on

If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their employers realize. A survey of 1,342 full-time manager-level employees...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

Bradley Arant Boult Cummings LLP on

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

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

Holland & Hart LLP

Fairness Isn't Optional: Lessons from Google's $50M Bias Case and SCOTUS on Title VII

Holland & Hart LLP on

In May 2025, Google agreed to pay $50 million to settle a high-profile class action brought by Black and multiracial employees who alleged systemic racial discrimination in hiring, leveling, and promotion. That same month,...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 48: Opportunities & Risks with Artificial Intelligence in HR with...

Maynard Nexsen on

Recorded at the 2025 Greenville SHRM Conference, Tina and Keely sit down with Chingwei Shieh, Executive Leader of Automation & Data Science at GE Power. Chingwei, who kicked off the conference with his keynote on “Harnessing...more

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

BCLP on

Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Holland & Hart - Employers' Lawyers

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

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Adam Bouka By Adam Bouka Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR...more

Mitratech Holdings, Inc

Fair Chance Hiring: Balancing Business Needs with Opportunities for Individuals

Mitratech Holdings, Inc on

Finding qualified talent is a challenge for many businesses today. But what if there's a pool of skilled workers that many companies overlook? Fair chance hiring opens doors for people with criminal records while helping...more

DCI Consulting

[Webinar] State Affirmative Action Requirements After Executive Order 14173 - April 16th, 2:00 pm - 3:00 pm EDT

DCI Consulting on

Many employers have been left unsure of their affirmative action and equal employment opportunity compliance requirements after the revocation of Executive Order 11246. However, one thing remains certain: new and existing...more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Lowenstein Sandler LLP

AI Use in Employment Decisions

Lowenstein Sandler LLP on

In this episode, host Megan Monson talks with Amy C. Schwind from Lowenstein's Executive Compensation, Employment & Benefits practice group about AI's growing role in human resources processes and employment decisions. They...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline

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It's tournament time, and just like basketball, employee discipline requires strategy and execution. Employers need to have a game plan and stick to it, or it could land them in hot legal water. In this episode of Constangy...more

Foley & Lardner LLP

When Does Venting Become a Complaint?

Foley & Lardner LLP on

A company makes the difficult decision to terminate an employee’s employment due to poor performance. This should come as no surprise to the employee, who has been counselled and disciplined on numerous occasions. Yet, the...more

Fisher Phillips

Do’s and Don’ts for Your School When Conducting Job Interviews

Fisher Phillips on

The job interview is a crucial factor in maintaining a school’s community, identity, and safety. But it isn’t just a chance to vet applicants for compatibility with school culture and mission – it’s also when your school can...more

Fisher Phillips

What Businesses Need to Know About DEI in the Trump Era: FAQs for Employers

Fisher Phillips on

The whirlwind first few weeks of the second Trump administration have left private employers with concerns and questions related to Diversity, Equity, and Inclusion (DEI) programs. In order to dispel myths and provide...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

Rumberger | Kirk on

“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Parker Poe Adams & Bernstein LLP on

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Akin Gump Strauss Hauer & Feld LLP

Reforming the Federal Hiring Process and Restoring Merit to Government Service

Akin Gump Strauss Hauer & Feld LLP on

The Assistant to the President for Domestic Policy, in consultation with the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the Administrator of the Department of...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on

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

Fisher Phillips

Top 10 Employer Takeaways as New Jersey Cracks Down on AI Discrimination

Fisher Phillips on

New Jersey recently put employers on notice: AI-driven bias is illegal discrimination. The state’s January 9 guidance on algorithmic discrimination makes it clear that the New Jersey Law Against Discrimination (LAD) applies...more

Fisher Phillips

New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring

Fisher Phillips on

A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. The University of Washington...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

Benesch

Developments in AI Restrictions in the Workplace

Benesch on

Beginning January 1, 2026, Illinois employers must notify workers when using artificial intelligence (“AI”) to make employment-related decisions and could face regulatory enforcement and civil lawsuits if the deployment of AI...more

Troutman Pepper Locke

Managing Political Discourse at Work With Lessons From Mad Men - Hiring to Firing Podcast

Troutman Pepper Locke on

In part two of the three-part Hiring to Firing series, host Tracey Diamond and new co-host Emily Schifter dive into the complexities of managing employees’ political beliefs and discourse in the workplace, just in time for...more

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