The U.S. Court of Appeals for the Fifth Circuit upheld a lower court’s decision that a former employee’s bias lawsuit did not adequately support her Title VII claims of discrimination based on race and gender. Gwendolyn Hardison, who is African American, worked for the Natchitoches Parish School Board in Louisiana. In her position, which she […]
A state law creates a presumption that certain cancers were caused by employment as a firefighter and thus trigger entitlement to workers’ comp benefits. That law was recently tested in a lawsuit. The Idaho statute’s presumption applies as long as the cancer did not precede employment. The presumption as to causation “may be overcome by […]
Do you conduct background checks on job applicants? If the answer is yes, this is an important case to know. A state appeals court in California has revived a putative class action suit that accuses an employer of willfully violating the federal Fair Credit and Reporting Act (FCRA) by providing job applicants with an improper […]
Many companies conduct drug screenings on prospective employees before hiring them, and typically, refusing to hire them for a positive test result is allowed. However, in a recent lawsuit filed by the EEOC, a company is in legal hot water after doing just that. Here’s a breakdown of the case and why the EEOC is […]
Are you using artificial intelligence (AI) tools to make hiring and other employment decisions? Better tread carefully – or run the risk of violating federal anti-discrimination law. Two federal agencies have issued important new guidance explaining how using AI and other software tools to make employment decisions can violate the Americans with Disabilities Act (ADA). […]
An employee’s retaliation claim did not go the way she had hoped. Dr. Lesley Ann Saketkoo accepted an appointment as an associate professor at Tulane’s School of Medicine in 2014. She worked pursuant to a one-year contract that the employer renewed every year until 2019. Saketkoo initially worked under Dr. Laurianne Wild, who headed an […]
DEI isn’t just a buzzword in the HR community. It’s a must have way of operating businesses. For some companies, this could even mean changing the healthcare services and benefits they offer employees – even for abortions. No matter where you stand on the issue and how you treat controversial issues being discussed in the […]
A restaurant employee who was promoted three times over a span of eight months was unable to convince a federal appeals court that his employer nonetheless unlawfully discriminated against him based on his sexual orientation, in violation of Title VII and a parallel state law, by delaying or denying him a promotion. In May of […]
LinkedIn will pay $1.8 million and take other steps to resolve DOL allegations that it engaged in systemic gender-based pay discrimination at two of its California facilities. The Office of Federal Contract Compliance Programs conducted a routine compliance evaluation. After doing so, it found that for a two-year period beginning at the start of March […]
