Background Checks Equal Employment Opportunity Commission

News & Analysis as of

EEOC and Private Plaintiffs Continue Aggressive Litigation Attacking Background Checks

As part of its focus on eliminating barriers to hiring, the Equal Employment Opportunity Commission (EEOC) continues to mount an aggressive litigation strategy targeting background-check policies that it believes have a...more

Employment Law - March 2015 #2

California Legislation to Consider: Protections for Unpaid Interns and Volunteers - Why it matters: In this issue of the newsletter, the focus of our review of new California laws shifts from leaves of absence...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

The EEOC Experiences yet Another Background Check Court Loss

As we previously reported, the EEOC’s targeting of employer background checks has been controversial and continues to fizzle in the courts. Recently, in EEOC v. Freeman, the U.S. Court of Appeals for the Fourth Circuit...more

EEOC Background Check Litigation Strategy Criticized

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.” ...more

Fourth Circuit Finds EEOC's Expert Report Unreliable Under Federal Rules of Evidence

As part of an employer's business in providing integrated services for high level events, it commenced background checks of all prospective employees, including credit checks for positions dealing with "credit sensitive"...more

Fourth Circuit Slaps EEOC for Use of Misleading, Incomplete and Error-Riddled Expert Testimony

Several years ago, the Equal Employment Opportunity Commission set discriminatory use of criminal and financial background checks as a top enforcement priority. These cases are brought under the disparate impact theory,...more

“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon...

On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to...more

Federal Appellate Court Throws Out EEOC Discrimination Complaint After Expert Accused of “Cherry-Picking” Data

Last week, the Federal Court of Appeals for the Fourth Circuit upheld a district court’s decision granting summary judgment to an employer accused by the Equal Employment Opportunity Commission (EEOC) of racial bias in its...more

EEOC Loses Another Background Check Case

The EEOC has taken a lot of heat on its controversial stance of aggressively litigating adverse impact cases involving background checks.  In April, 2012, the EEOC issued a new enforcement guidance seeking to curtail the uses...more

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

Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”

What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act...more

"'Ban the Box' Initiatives: Removing Conviction Histories From Employment Applications"

The use of criminal records in the hiring process has received a great deal of attention in recent years. The Equal Employment Opportunity Commission issued guidance in 2012 requiring employers to demonstrate that conviction...more

15 For ’15: Employment And Labor Resolutions For The New Year

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

2014 EEOC Year In Review: Lots Of Action, Mixed Results

2014 has been a notable year for the U.S. Equal Employment Opportunity Commission. The agency has initiated historic litigation, issued significant new guidance and signaled increased scrutiny of background checks and...more

Four New Laws Within 40 Miles: The Washington, DC Area Accelerates the "Ban-the-Box" Movement

The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more

Caught Between Laws: Challenges for Health Care Providers in Using Criminal History Information in Employment Decisions

In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more

‘Tis the (Retail) Season, Part II: Conducting Background Checks on Seasonal Workers

During the upcoming holiday season, many companies—especially those with retail operations—will be looking to expand their available workforce by hiring seasonal workers. Unfortunately, many of these temporary workers will be...more

Gavel to Gavel: A tiger by the tail

Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left...more

Background Screening Company Adopts Revised Procedures in Cooperation with EEOC

DALLAS -- The U.S. Equal Employment Opportunity Commission (EEOC) and The Cole Group have reached an agreement reflecting the job applicant screening company's implementation of revised policies and practices to ensure that...more

EEOC amps up attack on background checks

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

New Baltimore City Law Limits Employee Criminal Record Checks: How Health Care Employers Are Affected

Effective August 13, 2014, certain Baltimore City employers will be restricted from asking applicants and employees about their criminal history. However, many health care employers will be exempt from this new law either...more

Background Checks: Back to Basics

Recently two federal agencies, the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC), issued joint guidance on job applicant and employee background checks and "What Employers Need to Know."...more

Many Private Sector Employers Limited Regarding Criminal History Inquiries - Illinois Is Now Among the Growing Number of States...

Illinois joins the growing number of states and localities across the country that have "ban-the-box" laws. Statutes that limit inquiry about criminal history during the application and hiring process are known informally as...more

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