Rod Fliegel

Rod Fliegel

Littler

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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

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

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

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

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

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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