Discrimination, Staffing

Nov
12

Staffing Firm Accused of Lactation Discrimination

This is timely. Recently we provided a comprehensive update on pregnancy discrimination laws in the US, including the federal PUMP Act, requiring employers to provide accommodations for lactating mothers: How to Trigger a Pregnancy Discrimination LawsuitEmployers should understand that pregnant workers arguably enjoy more workplace legal protections than any class
1 min read
Aug
06
Courts Apply New Title VII Standard

Courts Apply New Title VII Standard

For the past 60 years, to assert a valid employment discrimination claim under Title VII of the Civil Rights Act of 1964, an employee had to allege a “materially significant disadvantage” resulting from an employer's adverse actions.
7 min read
Jul
02

USERRA Presents Staffing Agency Challenges

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects members of the military, including the Reserves, and requires employers to return them to their civilian jobs following a period of uniformed service. For staffing agencies, USERRA presents unique challenges, because their assigned employees'
3 min read
Apr
23

U. S. Supreme Court Broadens the Basis for Discrimination Claims

Surprising ruling means that employers can expect more lawsuits The most common legal claims brought against staffing firms (and employers in general) are lawsuits brought under Title VII of the Civil Rights Act of 1964, as amended, and its state and local variants. Last week, the U.S. Supreme Court
2 min read
Apr
11

Aerotek Wins the Right to Arbitrate- But Loses the Arbitrations

In a landmark 2021 decision in favor of staffing giant Aerotek (and beneficial to employers in general), the Texas Supreme Court ruled that former Aerotek temporary employees could not invalidate their electronic signatures on arbitration agreements merely by denying that they signed them. The ruling in this employment discrimination case
1 min read
Mar
28

Justice Department Repeatedly Punishing Staffing Firms for Job Posting Violations

It's easy pickings for DOJ regulators There is a right way and a wrong way to address immigration status in a U.S. job posting. The DOJ website explains here. It's pretty simple: Right way: "Must be authorized to work in the U.S."
5 min read
Nov
29

Kforce Pays $900,000 to Settle Justice Department Claims of Hiring Discrimination

In a Press Release dated November 15, 2023, the US Department of Justice announced that it had reached a resolution of claims that staffing giant Kforce discriminated in hiring on the basis of citizenship.
2 min read
Aug
11

EEOC's "Artificial Intelligence" Settlement - Not Really an AI Case

But a Maryland technology attorney says she has a real one against a prominent legal search firm   It's no secret that the EEOC is ramping up its scrutiny of the use artificial intelligence in the employment context. The Agency in 2021 announced an initiative to: examine more closely
3 min read
Oct
17

Client's Supervisor Brings Politics to Work - Litigation Ensues

1 min read
Oct
03

EEOC Targets Staffing Firms in 2022

At least 12 staffing or recruiting firms were pursued directly by EEOC for alleged employment discrimination in the past year.
3 min read