News & Analysis as of July 30, 2025

Hiring & Firing › Racial Bias

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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 -

AI in the Workplace Series - Part 3: Artificial Intelligence in Employment: How States Surrounding Pennsylvania are Approaching...

Tucker Arensberg, P.C. on 5/30/2025

This article is the third installment in our AI in the Workplace series. In Part 2: From Harrisburg to the White House, Allyson Lonas explored the growing legal uncertainty surrounding artificial intelligence (“AI”) adoption...more

UK HR Two-Minute Monthly: April 2024

BCLP on 4/30/2024

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Two years into his bias suit against NFL, Brian Flores has little to show for it.

Constangy, Brooks, Smith & Prophete, LLP on 1/23/2024

Arbitration evaders, take note. In February 2022, coach Brian Flores filed a press-grabbing lawsuit accusing the National Football League and its clubs of racially discriminatory hiring practices, the Miami Dolphins of...more

EntertainHR: Olympian Tori Bowie’s Pregnancy-Related Death and the Pervasiveness of Implicit Bias

FordHarrison on 7/12/2023

American track and field champion Tori Bowie recently died suddenly from complications related to childbirth. The three-time Olympian, who was once known as one of the fastest women in the world, hadn’t been seen for several...more

UK HR Two-Minute Monthly: Settlement agreements, vanishing dismissals for gross misconduct, (lack of) mitigation and general news...

BCLP on 12/15/2022

Our December update includes new case law on a very unusual take on taxing payments under settlement agreements, how difficult it can be to withdraw an appeal and stop a dismissal from vanishing, and the consequences, even if...more

Employer seeking "Kens and Barbies" must face trial on bias claims

Constangy, Brooks, Smith & Prophete, LLP on 9/30/2022

Sheesh. I would think so! Here's a story for you: Some investors bought an apartment complex in Houston with the plan to fix it up and flip it. They decided the Property Manager wasn't doing a good job, so they fired her...more

New York City Will Soon Regulate Use of Artificial Intelligence in Employment Decisions

Benesch on 8/31/2022

On January 1, 2023, New York City employers will have to comply with a new law aimed at preventing bias in artificial intelligence hiring tools. These tools, which include algorithms and software geared towards finding...more

Artificial Intelligence and Bias: Considerations to Prevent Bias and Mitigate Legal Risk of Employers

Baker Donelson on 11/12/2020

Artificial intelligence (AI) tools have been implemented by employers in an ongoing effort to reduce recruitment and hiring costs by automating sourcing of applicants and screening candidates or by applying AI tools to the...more

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

American Conference Institute (ACI) on 10/26/2020

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

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

American Conference Institute (ACI) on 7/13/2020

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

Epstein Becker & Green on 1/9/2020

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

Judge: Interview questions about relocating from Puerto Rico do not amount to bias

McAfee & Taft on 6/12/2019

On May 13, 2019, a federal judge in Muskogee, Oklahoma, ruled against a plaintiff who alleged that that the U.S. Department of Veterans Affairs denied her a job as a physician because she was a woman and was from Puerto Rico....more

Just What Does A Racially Hostile Environment Look Like? The Eleventh Circuit Provides Some Guidance

Bradley Arant Boult Cummings LLP on 10/4/2018

What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more

Employment Case Law Summaries and Articles - 2017

Hogan Lovells on 3/7/2018

We present some highlights of cases of practical relevance that came through our courts during 2017. How the City of Johannesburg fell from the fireman’s pole - Bekker CJ, Mohamed CJ and Zondo JP long observed that...more

Regulating Speech at Work

Troutman Pepper Locke on 10/10/2017

Q: Can a private employer limit its employees’ speech and political activity in the workplace? A: Yes, but not speech that is considered part of a “concerted activity.”...more

Neo-Nazi in Your Workplace? Tread Carefully Before Taking Action

Foley & Lardner LLP on 9/11/2017

We live in an unfortunate time in which white nationalists and neo-Nazis are receiving a great amount of publicity. In the aftermath of this month’s events in Charlottesville, Virginia we are likely to see additional rallies,...more

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

Bradley Arant Boult Cummings LLP on 12/9/2016

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably...more

Quirky Question #287: “Cat’s Paw” Claims – How could an employer violate antidiscrimination laws, even though the decision-making...

Dorsey & Whitney LLP on 8/8/2016

Question: We just went through a five-person layoff, and one of the individuals laid off (an African American) has hired a lawyer and is threatening to sue for racial discrimination. I have enormous confidence in the fairness...more

Employment Law Navigator – Week in Review: June 2016 #2

Zelle LLP on 6/14/2016

Last week, the National LGBTQ Task Force and the District of Columbia’s Office of Human Rights issued a new report entitled Valuing Transgender Applicants & Employees: A Best Practices Guide for Employers. This follows the...more

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Hiring & Firing › Racial Bias

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