EEOC Active Against Staffing Firms
Discrimination lawsuits lead the way in staffing industry litigation. Notwithstanding the ongoing dramatic changes in affirmative action and DEI initiatives, we can expect the EEOC and private litigants to continue pursuing discrimination cases vigorously.
Los Angeles Jury Finds Cognizant Discriminated Against U.S. Workers
The long-running Cognizant discrimination saga has ended with a California Federal Court jury finding that the Indian staffing giant discriminated against non-Indian U.S. workers.
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
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.
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'
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
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
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."
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.
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
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.
