Many employers do criminal background checks on prospective employees. But if something comes up that is a concern, how can an employer legitimately respond?

Colorado law prohibits employers from asking for their employees’ social media passwords. Learn more about the law’s requirements in this post.

Are you asking a candidate “illegal” questions in a job interview? This post explores some of the common problem questions to avoid and suggests tips for keeping the hiring process legal and safe for all.

While the 7th Circuit was making headlines, other circuits went the other way on sexual orientation discrimination under Title VII. This post explores the circuit split and what is on the horizon going forward.

Should a religious college be considered a public accommodation? A recent case from Pennsylvania says yes and also decides that no First Amendment defenses apply.

In April 2017, the 7th Circuit became the first federal appeals court to conclude that Title VII provides protection against discrimination based on sexual orientation. Learn more in this informative look at the Court’s opinion.

This post provides an overview of the EEOC’s new interpretative guidance on retaliation for employment discrimination claims, including practical tips for employers.

The point of this recent case is that Title VII does not cover sexual orientation discrimination, but the court wishes that it did.

Not everything a church does to a pastor is outside the reach of the court. That is a recent lesson church officials learned in a case out of Ohio federal court dealing with the ecclesiastical abstention doctrine. Also known as the church autonomy doctrine, this is the principle that civil courts will stay out of the doctrinal and important decisions a church makes, such as the decision to fire a pastor or remove a parishioner from membership. This case, Barrow v. Living Word Church, et al.,¹ is an interesting twist on the doctrine, and serves as a word of caution for churches.

There has been a lot of back and forth about how the mission must take care during prefield screening not to run afoul of the ADA. I agree. Under the ADA, before you can give an applicant a “medical examination,” which includes most psychological screenings, you have to first consider all the non-medical information and hand out a conditional offer.