By Robert T. Szyba, John W. Egan, and Nicolas A. Lussier

Seyfarth Synopsis: Summer hiring for entertainment companies and various attractions is in full-swing. Since last year, legislatures across the country have focused their attention on expanding employee protections. Now more than ever it is necessary for employers to apprise themselves of recent developments that might impact

Continue Reading For Your Amusement: Eight Employment Law Trends To Consider For 2023 Summer Season Hiring

By Steve Shardonofsky and Alex S. Oxyer

Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently reversed summary judgment in favor of an employer on failure to promote claims, finding that the apparent preselection of a candidate prior to the interview process cast doubt on the selection criteria and the purported reason(s) the plaintiff was not hired. The case —
Continue Reading Employers and Hiring Managers Beware: The Sixth Circuit Reminds Us That Preselection Decisions May Cast Doubt On Hiring Process and Selection Criteria

By Robert A. Fisher, James M. Hlawek, and Christopher W. Kelleher

Seyfarth Synopsis: On January 29, 2019, the Massachusetts Supreme Judicial Court held that the failure to grant a lateral transfer may be the basis of a discrimination claim under Massachusetts anti-discrimination law where an employee can show there are material differences between the two positions in
Continue Reading Massachusetts High Court Finds Failure to Grant Lateral Transfer May Be Discrimination

By John P. Phillips

Seyfarth Synopsis: For several years now, employers and the EEOC have been at odds over whether employers must automatically reassign a disabled employee to an open position as a reasonable accommodation, or whether employers can maintain a policy of hiring the most-qualified individual for the position, by requiring a disabled employee to compete for open
Continue Reading Is Hiring the Most-Qualified Candidate Reasonable? Two Recent Decisions Say Yes.

By Esther Slater McDonald

Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing industry, and other businesses requiring its affiliates or contractors to adhere to certain criminal history guidelines.

In Griffin v. Sirva, Inc., 835
Continue Reading N.Y. Appellate Court Scopes Out Liability: Using Criminal Convictions in Employment

By Condon McGlothlen

Together with labor economists and political pundits, employment counsel and HR professionals keep wondering if and when U.S. hiring figures will rebound.  The economy as a whole seemed to have turned a corner as 2014 got underway – new jobs figures had been strong for months, unemployment was declining steadily.  The Federal Reserve, accordingly, announced that its
Continue Reading Hiring Risks and Rewards for 2014

By Sara Eber

Great, you think, I selected a great candidate for the job – now she just has to fill out some paperwork, take a routine drug test, and she’ll be ready to start.

Your new hire reports for her test and receives a cup for her urine sample.  She seems anxious and takes a long time in the
Continue Reading You’re In…If You’ve Got Urine. What To Look Out For Before Telling A New Hire, “You Gotta Go.”

By Condon McGlothlen

On September 4, 2013, we began our review of hiring tests and the associated legal risks.   Today, the conclusion . . . .

How and How Not to Test

The key to any good hiring (or other employment) test is the connection between success on the test and success on the job.  The Uniform Guidelines on Employee
Continue Reading To Test or Not to Test . . . (Part II) Hiring Tests In A Slow Growth Economy: Why, When, How and How NOT to Test

By Condon McGlothlen

Hiring figures from the Administration and payroll company ADP, together with U.S. economic measures more generally, show a slow but steady climb back from the economic depths of 2009.  This has resulted in some companies at last have money to spend; some are spending it by hiring new workers.  This two-part article looks at some of the
Continue Reading To Test or Not to Test . . . Hiring Tests In A Slow Growth Economy: Why, When, How and How NOT to Test