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Aug
06
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