As Published in the July/August Journal of Corporate Recruiting Leadership
You could be liable if you use what you find in a hiring decision. Then again, you could be liable if you don’t.
Background checks are designed to use past performance-at work and beyond-to predict future success at work. The key to successful background checks is [...]
New York’s highest court, the Court of Appeals, recently held that the New York City Human Rights Law (“NYCHRL”) imposes strict liability on employers for supervisors who sexually harass employees. As a result, City employers are much more vulnerable to harassment claims and should take appropriate precautions such as training supervisors.
In Zakrzewska v. New School, [...]
We have all seen various drug advertisements, where the announcer states, “Side-effects may include…” and goes on to list a litany of possible life-threatening conditions. What happens when an employee who is otherwise not disabled suffers disabling side-effects and is subsequently discharged for not doing his job? Is this employee protected by the Americans with [...]
The United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) recently ruled that an older worker, discharged in a reduction in force (“RIF”), must clear an additional hurdle to bring a claim under the Age Discrimination in Employment Act (“ADEA”).
Generally, to establish an ADEA claim (which protects workers age [...]
We can’t overemphasize the importance of having consistently applied, non-discriminatory employment practices. While such practices can’t prevent law suits, they can help win them, even in the face of difficult facts. A good example is a found in a recent decision by the U.S. Court of Appeals for the Third Circuit (covering Delaware, New Jersey, [...]