On June 29, 2023, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, the U.S. Supreme Court struck down the affirmative action policies at Harvard College and the University of North Carolina. The court’s decision striking down race-based college and university admissions policies and programs will have sweeping and immediate consequences for higher education throughout the country.
Signed into law in 1963, the Equal Pay Act prohibits pay discrimination based on sex. However, 60 years since the passage of the law, women continue to experience a pay gap, relative to men.
Historically, employers conducted preemployment drug testing to promote a drug-free work environment and safe working conditions for all employees. Applicants who tested positive for prohibited substances, including marijuana, were generally excluded from further consideration for employment. However, as more states legalize the use of medicinal or recreational marijuana, employers are facing difficult decisions regarding their preemployment drug testing policies.
This article discusses maintaining and handling protected data, including how to an internal or third-party breach.
Given the complexity and variety of laws, it is not surprising that employers, applicants, and career services professionals alike are confused about what is and isn’t legal in the case of marijuana—medical and recreational. This article addresses marijuana use as it pertains to some of the most pressing questions surrounding recruiting and hiring.
There are potential benefits to using artificial intelligence (AI) in the recruitment and screening of job applicants and in the hiring process, but there are also legal ramifications that must be understood prior to implementing any AI hiring system.
Attorneys George Hlavac and Edward Easterly discuss potential pitfalls in the application and interview for applicants and employers.
Unpaid internships can put international students at risk of violating their immigration status.
Interns should be are aware of the law and understand what remedies are available should they believe they are being subjected to harassment in the workplace during their internship.
What constitutes harassment? How are employers required to respond? What should employees do if they believe they are being harassed? Are unpaid interns protected?
Employers may require new hires and interns to sign restrictive covenants, such as noncompete, nonsolicitation, and/or nondisclosure agreements. Attorneys George Hlavac and Ed Easterly discuss the issues.
Legal issues and questions around preemployment testing range from when a test is appropriate to how to conduct a test to how an employer can and should use the results.
Attorney Edward Easterly addresses some of the key legal questions that have arisen in regard to the coronavirus pandemic for career services, employers, and new college graduates and interns.
When a data breach comes from a third-party vendor, both the vendor and the party that provided the initial information may be subject to potential liability.
The significantly increased use of social media has changed the way employers and courts have handled noncompete and nonsolicitation agreements.
Immigration attorney Mark B. Rhoads answers several critical questions about international students navigating the visa sponsorship process.
Can an employer mandate that its employees (or interns) obtain the vaccination? The answer, not surprisingly, is not a simple “yes” or “no.” The ADA as well as other laws and regulations play a role in determining what, legally, an employer can mandate.
Can employers mandate employees and interns to be vaccinated against COVID-19? Can job candidates be asked if they are vaccinated? This article address five common questions about the COVID-19 vaccine as it relates to hiring and employment.
This article provides guidelines for those writing reference letters, including questions to consider and legal and liability issues.
In June 2016, the U.S. Supreme Court upheld the affirmative action admissions plan at the University of Texas. Attorney Ed Easterly looks at what Fisher v. University of Texas means for affirmative action.