Colorado Employment Law Blog

UPCOMING EVENT: Caution Advised: Federal and State Laws Regulating Pre-Employment Screening and Safe Hiring - March 3, 2010

Holland & Hart labor and employment partner Jude Biggs will present on the latest legal issues triggered when conducting pre-employment screening in the United States. The complimentary 90 minute webinar entitled "Caution Advised: Federal and State Laws Regulating Pre-Employment Screening and Safe Hiring", will be hosted by the Employment Law Alliance on Wednesday, March 3, 2010 from 1:00-2:30 p.m. MST. Topics to be covered include:

• Negligent hiring and how to avoid it
• The impact of state laws on background checks
• The pros and cons of using credit report
• Avoiding claims of discrimination when using criminal records and other screening tools
• The pitfalls with using the Internet and social networking sites to screen applicants

We encourage you to consider attending or having someone from your organization attend this event.

Register by following this link:  click here to view the program brochure

UPCOMING EVENT: Caution Advised: Federal and State Laws Regulating Pre-Employment Screening and Safe Hiring - March 3, 2010

Holland & Hart labor and employment partner Jude Biggs will present on the latest legal issues triggered when conducting pre-employment screening in the United States. The complimentary 90 minute webinar entitled "Caution Advised: Federal and State Laws Regulating Pre-Employment Screening and Safe Hiring", will be hosted by the Employment Law Alliance on Wednesday, March 3, 2010 from 1:00-2:30 p.m. MST. Topics to be covered include:

• Negligent hiring and how to avoid it
• The impact of state laws on background checks
• The pros and cons of using credit report
• Avoiding claims of discrimination when using criminal records and other screening tools
• The pitfalls with using the Internet and social networking sites to screen applicants

We encourage you to consider attending or having someone from your organization attend this event.

Register by following this link:  click here to view the program brochure

Tenth Circuit Affirms that Pattern and Practice Claims are Alive Under the Age Discrimination in Employment Act

By Steven M. Gutierrez

The link below will highlight a recent case out of the 10th Circuit Court of Appeals, Thompson v. Weyerhaeuser Co., --- F.3d ----, 2009 WL 2902069 (10th Cir.)  In Thompson, the 10th Circuit addressed the impact of the United States Supreme Court's ruling in Gross v. FBL Financial Services, 129 S.Ct. 2343 (2009), wherein the Supreme Court rejected the so-called “mixed-motive” theory in age discrimination cases.  It was based upon the holding of Gross that the employer in the Thompson case attempted to argue that "mixed-motive" cases under the Age Discrimination in Employment Act (ADEA) are no longer viable.  The 10th Circuit rejected that argument finding that Gross was inapposite.  For a more detailed discussion of the Thompson case, follow this link:  http://www.hollandhart.com/newsitem.cfm?ID=1606

Tenth Circuit Affirms that Pattern and Practice Claims are Alive Under the Age Discrimination in Employment Act

By Steven M. Gutierrez

The link below will highlight a recent case out of the 10th Circuit Court of Appeals, Thompson v. Weyerhaeuser Co., --- F.3d ----, 2009 WL 2902069 (10th Cir.)  In Thompson, the 10th Circuit addressed the impact of the United States Supreme Court's ruling in Gross v. FBL Financial Services, 129 S.Ct. 2343 (2009), wherein the Supreme Court rejected the so-called “mixed-motive” theory in age discrimination cases.  It was based upon the holding of Gross that the employer in the Thompson case attempted to argue that "mixed-motive" cases under the Age Discrimination in Employment Act (ADEA) are no longer viable.  The 10th Circuit rejected that argument finding that Gross was inapposite.  For a more detailed discussion of the Thompson case, follow this link:  http://www.hollandhart.com/newsitem.cfm?ID=1606