Rod Fliegel on Civil Rights Act

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

8/7/2019 / Administrative Procedure Act , Ban the Box , Civil Rights Act , Conditional Job Offers , Corporate Counsel , Criminal Background Checks , Criminal Records , Disparate Impact , Employer Liability Issues , Employment Discrimination , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Hiring & Firing , Injunctions , Job Applicants , Summary Judgment , Title VII

EEOC Continues to Scrutinize Criminal Record Screening Policies

Employers that use criminal record-screening policies must continue to be vigilant about compliance with all applicable laws and should know that the EEOC’s scrutiny of such policies, while perhaps scaled back, has not ended....more

10/2/2018 / Background Checks , Ban the Box , Civil Rights Act , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Screening Procedures , Title VII

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

4/9/2018 / Ban the Box , Civil Rights Act , Class Action , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Employment Litigation , Hiring & Firing , Job Applicants , Race Discrimination , Retailers , Screening Procedures , Target , Title VII

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

2/6/2018 / Attorney General , Ban the Box , Civil Rights Act , Corporate Counsel , Criminal Background Checks , Criminal Records , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Motion To Enjoin , State and Local Government , Summary Judgment , Title VII

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

12/22/2017 / Ban the Box , Civil Rights Act , Conditional Job Offers , Criminal Background Checks , Discovery , Disparate Impact , Dollar General , Employer Liability Issues , Employment Discrimination , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Hiring & Firing , Job Applicants , Race Discrimination , Retailers , State and Local Government , Strategic Enforcement Plan , Title VII

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

7/18/2017 / Civil Rights Act , Corporate Counsel , Criminal Background Checks , Discrimination , Disparate Impact , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Harassment , Hiring & Firing , Race Discrimination , Retaliation , Slurs , Title VII

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 , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Popular , Race Discrimination , Settlement , Title VII

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 , Equal Employment Opportunity Commission (EEOC) , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Title VII , Wrongful Termination

Rod Fliegel

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