Rod Fliegel

Rod Fliegel

Littler

Contact  |  View Bio  |  RSS

Latest Publications

Share:

New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire...more

1/21/2016 - Ban the Box Criminal Background Checks EEOC Hiring & Firing New Legislation

New York City Commission on Human Rights Issues Guidance on Citywide "Ban-the-Box" Law

On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City's Fair Chance Act (FCA). The FCA, which became effective on October 27,...more

11/9/2015 - Ban the Box Criminal Background Checks Employment Discrimination Fair Chance Act Hiring & Firing Popular

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

9/23/2015 - Background Checks Ban the Box BMW Civil Rights Act Consent Decrees Criminal Background Checks Discrimination Disparate Impact EEOC Employment Discrimination FCRA Hiring & Firing Popular Race Discrimination Settlement Title VII

The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever...more

8/5/2015 - ADA Big Data Class Action Compliance Data Protection Data Security EEOC FCRA Hiring & Firing OFCCP Popular Privacy Policy Workplace Safety

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

6/25/2015 - Background Checks Ban the Box Credit Reporting Agencies Credit Reports Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing Title VII

New York City Council Bans the Box

Following closely on the heels of a citywide bill restricting employer’s use of credit information for employment decisions, on June 10, 2015, the New York City Council passed a new bill restricting an employer’s ability to...more

6/15/2015 - Background Checks Ban the Box Criminal Background Checks Hiring & Firing Human Rights Code NYCHRL

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

5/14/2015 - Ban the Box Civil Rights Act Credit History Criminal Background Checks Criminal Records Dollar General EEOC FCRA Hiring & Firing Title VII Wrongful Termination

New York City Council Passes the First Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

On April 16, 2015, the New York City Council overwhelmingly passed a bill to make it unlawful for most employers to use an applicant's or employee's credit history for employment purposes, except in certain, specified...more

4/22/2015 - Credit Reports Hiring & Firing Job Applicants Local Ordinance Screening Procedures

Update on Criminal Background Checks: Impact of EEOC v. Freeman and Ongoing Challenges in a Continuously Changing Legal...

The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity...more

2/24/2015 - Background Checks Corporate Counsel Criminal Background Checks Disparate Impact EEOC Employer Liability Issues Enforcement Hiring & Firing

San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the...more

12/18/2014 - Covered Entities Criminal Background Checks Hiring & Firing Job Applicants OLSE San Francisco

Private Sector Employers in the District of Columbia Will Soon Be Required to Comply with a New Law Restricting Their Ability to...

On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background...more

8/25/2014 - Background Checks Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

New Jersey's "Opportunity to Compete Act" Continues the Nationwide "Ban-the-Box" Trend

On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records. New Jersey’s so-called...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

The Swelling Tide of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures for Employers

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports - Potential Liability For FCRA Non-Compliance - The Swelling Tide Of Class Action Filings - Mitigating Measures -...more

8/4/2014 - Background Checks Best Management Practices Class Action Consumer Reports Credit Reports Employer Liability Issues FCRA Hiring & Firing Risk Assessment Risk Mitigation Screening Procedures

Federal Court Grants Class Certification in Title VII Disparate Impact Suit Over Alleged Discriminatory Criminal Records Screening...

On July 1, 2014, the court granted class certification in a high-profile disparate impact discrimination case against the Census Bureau in federal court in New York based on its criminal record screening practices, Houser et...more

7/9/2014 - Criminal Records Discrimination Job Applicants Title VII

Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion...more

4/18/2014 - Criminal Background Checks EEOC Employee Credit Checks Hiring & Firing Kaplan Title VII

“Ban-the-Box” and Beyond: Employers That Do Business In or Contract with the City of San Francisco Should Review Sweeping...

On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more

2/19/2014 - Adverse Employment Action Anti-Retaliation Provisions Background Checks Ban the Box Criminal Background Checks Criminal Records Employee Definition Employment Application Human Resources Professionals Job Applicants Personnel Records Posting Requirements

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

1/6/2014 - Background Checks Ban the Box Consent Contract Drafting Credit Reporting Agencies Credit Reports Employee Rights Employment Policies FCRA Hiring & Firing Job Offers Personnel Records

New California Laws Restrict the Discretion Employers Have to Inquire Into and Use Criminal Record Information

On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 ...more

10/25/2013 - Criminal Background Checks Criminal Records Discrimination Expungement Sealed Records

Fair Credit Reporting Act Amendment Offers Important Protections From Lawsuits Targeting Background Check Programs

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports For Employment Purposes - Potential Liability For FCRA Non-Compliance And The Growing Wave Of FCRA Class Action -...more

9/11/2013 - Compliance Criminal Background Checks FATCA FCRA Investigations

Federal Court Dismisses EEOC Title VII Disparate Impact Suit Over Alleged Discriminatory Background Checks Without Trial

On August 9, 2013, a federal district court judge in Maryland dismissed, without a trial, the Equal Employment Opportunity Commission’s (EEOC) Title VII suit against Freeman over alleged discriminatory background checks based...more

8/13/2013 - Background Checks Discrimination Dismissals Disparate Impact EEOC Expert Witness Frivolous Lawsuits Title VII

Rhode Island Enacts "Ban the Box" Law Prohibiting Employment Application Criminal History Inquiries Until the First Job Interview

Effective January 1, 2014, a recent amendment to Rhode Island law will restrict the timing of pre-employment inquiries by Rhode Island employers about a job applicant's criminal past. Employers who are covered by the law may...more

7/18/2013 - Ban the Box Criminal Background Checks Hiring & Firing Interviews Job Applicants New Legislation

Seattle Adopts Ordinance Limiting Inquiries Into and Use of Criminal Records for Employment Purposes

Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for...more

6/17/2013 - Criminal Background Checks FCRA Hiring & Firing Job Applicants Local Ordinance Municipalities

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

6/17/2013 - Background Checks Consumer Reports Credit History Criminal Background Checks Criminal Records Discrimination Disparate Impact EEOC Enforcement Actions Investigations Title VII

The Flurry of New Employment Laws Regulating the Use of Criminal Records Continues with Expanded Restrictions in Indiana, North...

The public policy interests supporting employment-related protections for ex-offenders, including encouraging ex-offenders to reenter the workforce, are detailed in the updated EEOC Enforcement Guidance, titled “Consideration...more

6/11/2013 - Background Checks Criminal Background Checks Criminal Records Expungement Hiring & Firing New Legislation Title VII

29 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×