Rod Fliegel

Rod Fliegel

Littler


Latest Publications

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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 - Arrest and Conviction Records Background Checks Criminal Background Checks Criminal Records Expungement Hiring & Firing New Legislation Title VII

Nevada is the Latest State to Restrict the Use of Credit Reports for Employment Purposes

On May 25, 2013, Nevada Governor Brian Sandoval signed a new law making Nevada the third state in the last 12 months to enact legislation restricting use by employers of credit reports and other credit history information for...more

5/31/2013 - Credit Reports Hiring & Firing Job Applicants New Legislation

Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal...

Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may...more

5/19/2013

Colorado is the Latest and Ninth State to Enact Legislation Restricting the Use of Credit Reports for Employment Purposes

On April 19, 2013, Colorado Governor John W. Hickenlooper signed into law Senate Bill 13-018 (the "Employment Opportunity Act"), which will significantly restrict the ability of Colorado employers to use “consumer credit...more

4/29/2013 - Adverse Employment Action Credit Reports EEOC Hiring & Firing Job Applicants

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

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

2/5/2013 - Background Checks Burden of Proof Credit History Criminal Background Checks Daubert Ruling Dismissals Disparagement EEOC Evidence Summary Judgment Title VII

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