322+ pp.; 8th ed. 2022-23
Includes 2023-24 and 2024-25 Supplement
I. Hiring
1. Discrimination in Hiring
2. Recruiting, Application Forms, and Interviews
3. Credit Reports and Reference Checks
4. Testing and Screening
5. The Hiring Decision
II. Termination
6. Types of Termination
7. Limitations on an Employer's Right to Terminate
8. The Termination Decision
9. Termination Payments
10. Legal Issues in Providing References
Appendices
- Avoiding "Loaded Interview" Questions (DWD)
- Employment Eligibility Verification (INS Form I-9)
- Prescribed Summary of Consumer Rights Under the Fair Credit Reporting Act (16 C.F.R. pt. 601, app. A)
- Employment Termination Checklist
The 2024-2025 supplement includes a number of changes such as:
- The explanation of use of objective tests and algorithms in employment decisions has been expanded and discussions have been added regarding Equal Employment Opportunity Commission (EEOC) guidance on how employers could incorporate artificial intelligence (AI) into employment selection procedures without adversely impacting protected groups and regarding the EEOC’s first lawsuit challenging an employer’s use of AI in hiring decisions
- The U.S. Citizenship and Immigration Services’ Employment Eligibility Verification Form I-9 has been updated, and related matters are discussed
- The U.S. District Court for the Western District of Wisconsin decided a constructive discharge case in which the employee did not allege that the employer discouraged use of granted leave
- The U.S. District Court for the Eastern District of Wisconsin decided a case that involved an attempt to disclaim an employee’s at-will relationship and a case that discussed when employment agreements are terminable at will
- There is expanded discussion regarding public policy considerations relating to limitations on an employer’s right to terminate an employee
The 2023-2024 supplement includes a number of changes such as:
- The EEOC’s guidance on how employers can comply with the Americans with Disabilities Act (ADA) while using software that relies on algorithmic decision-making
- 2022 Seventh Circuit decisions explaining an employee’s burden in constructive discharge cases, addressing third-party retaliation claims and limitations on an employer’s right to terminate in cases involving unusual and dangerous job assignments, and analyzing whether an individual posed a direct threat to the health and safety of the individual or others as pertains to the ADA
- Discussion of the Pregnant Workers Fairness Act and the Speak Out Act
- The Federal Trade Commission’s January 2023 Notice of Proposed Rulemaking on noncompete agreements
- 2022 Wisconsin Court of Appeals decisions considering the enforceability of confidentiality agreements and the elements of a negligent-hiring claim
The 2022-2023 revision includes a number of changes such as:
- Age-discrimination findings made in 2021 by the Seventh Circuit Court of Appeals and the Western District of Wisconsin
- The Wisconsin Supreme Court’s 2022 analysis of whether the substantial-relationship exception to the Wisconsin Fair Employment Act’s general prohibition against conviction-record discrimination should be applied to a domestic-violence conviction in the same way the prohibition is applied to convictions for other violent crimes
- Updated discussions of local ordinances prohibiting discrimination on various bases, including domestic partnership, hair style, sex, and physical appearance
- 2022 Seventh Circuit Court of Appeals and 2021 Eastern District of Wisconsin cases addressing constructive discharge
- 2021 decisions by the U.S. District Courts for the Eastern and Western Districts of Wisconsin discussing whether to extend the public-policy exception to the employment-at-will doctrine to an employee who was terminated for speaking to a third party about a confidential issue and to an employee who was terminated after demanding COVID-19 safeguards
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