News & Analysis as of November 17, 2024

Job Applicants

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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 -

Cruel Summer: How to Lower Risks This On-Campus Interviewing Season

Decipher Investigative Intelligence on 9/3/2024

It’s OCI season, and law firms are already scrambling to recruit the next batch of summer associates. But it’s imperative to remember that your potential summer associates carry risk, too — and a Zoom interview and a quick...more

Pre-Employment Screening: What is Allowed?

Ius Laboris on 6/28/2024

Employers typically expend a great deal of effort on application processes, in order to make an informed hiring decision and to avoid hiring unsuitable candidates who quit or are fired after a short time....more

Can an Employer Review Social Media Posts While Assessing Candidates?

Fox Rothschild LLP on 4/24/2024

Can an employer review social media posts for the purpose of assessing job candidates? Sometimes, according to a guide on data protection in employment released by the national Data Protection Authority for Latvia, Datu...more

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

Littler on 3/25/2024

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

If You Use Background Checks to Vet New Employees, Don’t do This….

Burns & Levinson LLP on 3/20/2024

While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more

County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal...

Littler on 3/13/2024

In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance. A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more

Pay Transparency Arrives at the Nation’s Capital

Littler on 1/17/2024

The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings. In addition to pay scale disclosure, the District of Columbia Wage Transparency...more

[Webinar] Candidates Lie: How Candidate Verification and Screening Can Reduce Risk - December 19th, 2:00 pm CT

Mitratech Holdings, Inc on 12/15/2023

Candidates Lie - Here’s What You Can Do About It - Candidates may embellish or outright lie during the application and hiring process. This is a situation many HR professionals are already familiar with, but what happens...more

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on 11/17/2023

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants.

CDF Labor Law LLP on 8/10/2023

Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the employer alleging that its...more

Chicago Enacts Amendments to and Expands Requirements of its Criminal History Screening Ordinance

Littler on 5/11/2023

For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more

Reminder For Illinois (And Other) Employers: Restrictions Apply When Using Artificial Intelligence Analysis During The Hiring...

BCLP on 4/19/2023

Illinois and other jurisdictions have adopted, or are considering, laws establishing parameters for employer use of AI during the hiring process. The current attention being given to ChatGPT and other technologies using...more

Vetting Candidates: Creating a Hiring Process That Prioritizes Student Safety

Venable LLP on 2/23/2023

Student safety and security is of paramount importance in independent schools. While the goal of a hiring process is primarily to find the best candidate for the position, it is imperative that schools craft policies and...more

New York City Holds Second Public Hearing on Updated Proposed Rules for Automated Employment Decision Tools

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/25/2023

On January 23, 2023, the New York City Department of Consumer and Worker Protection (DCWP) held a public hearing on updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law...more

NYC Employers Using AI for Screening Beware

Blank Rome LLP on 10/4/2022

Starting January 1, 2023, New York City employers that utilize artificial intelligence (“AI”) decision-making tools in their hiring practices will need to provide notice to applicants of the technology and conduct independent...more

NYC Passes Ordinance Restricting Use of AI in Employment Applicant Screening

McNees Wallace & Nurick LLC on 9/6/2022

We recently wrote about the Equal Employment Opportunity Commission’s Guidance on the use of Artificial Intelligence in the hiring process. AI is exploding. It is being put to use in many different industries and toward...more

New York Restricts Automated Decision Making in Employment

Ballard Spahr LLP on 8/30/2022

Businesses operating in New York City should be aware of a local law addressing the use of automated employment screening and decision-making tools coming into effect on January 1, 2023. This law applies broadly to employers...more

New EEOC Initiative Targeting AI Technology Used in Hiring Process Presents Increased Risk of Class Litigation

Fox Rothschild LLP on 6/14/2022

The Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have recently announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate...more

EEOC Issues Guidance on Use of Artificial Intelligence in Hiring

Perkins Coie on 6/9/2022

The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The EEOC’s...more

California’s Draft Regulations Spotlight Artificial Intelligence Tools’ Potential to Lead to Discrimination Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/16/2022

California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more

Justice Department and EEOC Issue Guidance on Disability Discrimination in Use of Artificial Intelligence in Hiring

Brooks Pierce on 5/13/2022

As the use of artificial intelligence (AI) becomes more prevalent in hiring practices, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance on May 12, 2022,...more

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

Burr & Forman on 4/8/2022

Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

Federal Court in California Greenlights Drug Testing of Job Applicants

Proskauer - California Employment Law on 8/6/2021

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test. Espindola v. Wismettac...more

Philadelphia Enacts Key Changes To ‘Ban The Box,’ Credit Screening Ordinances

Jackson Lewis P.C. on 4/12/2021

Changes to Philadelphia law will further restrict employers’ use and reliance on applicant, current employee, and independent contractor background information and affect the employee application and employee management...more

The New Captain America

FordHarrison on 4/7/2021

How to Hire a Super Hero - An employer subject to the Fair Credit Reporting Act (FCRA) and state “mini-FCRA” laws, which are generally more restrictive than the FCRA, can obtain investigative consumer reports, i.e.,...more

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