News & Analysis as of

The EEOC Loses Background Check Battle In The 6th Circuit

The Sixth Circuit issued a much anticipated ruling on April 9, 2014 related to the Equal Employment Opportunity Commission’s (“EEOC’s”) systemic targeting of employer background check policies. ...more

A Check on the EEOC Attack on the Credit Check

We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also...more

Employment Law Reporter – April 2014

In This Issue: Pre-Hire Peril: Avoid Self-Sabotage Through Background Checks: In a joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission, these federal agencies have...more

EEOC and FTC Issue Guidance on Employment Background Checks

On March 10, 2014, the Equal Employment Opportunity Commission (EEOC) and the Fair Trade Commission (FTC) released joint guidance documents that explain respective duties and rights for employers and employees in regard to...more

Tales From The Crypt: Rule No. 8 – Even Sailors Behaving Badly Can Get Promoted

It is no secret that “sailor’s mouth” is an acronym for someone who liberally uses foul language in even the most formal situations. There was a time in my life when I was known for dropping the “f-bomb” a bit too frequently,...more

San Francisco Limits Inquiry into Criminal History of Applicants and Employees

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

EEOC and FTC Offer Joint Tips on Use of Employment Background Checks

User-Friendly Documents for Employers, Job Applicants, and Employees Explain Laws Governing the Acquisition and Use of Personal Background Information - WASHINGTON - The U.S. Equal Employment Opportunity Commission...more

San Francisco Bans the Box for Private Sector Employers

San Francisco is the most recent U.S. jurisdiction to adopt a “ban the box” ordinance restricting private sector employers’ rights to seek information about an applicant’s criminal history. The San Francisco Fair Chance...more

Background Checks: Not Over until It’s Over!

In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

The Need for ‘Hire’ Education: Rules to Follow Regarding Background Checks

Background checks are a vital tool used to avoid hiring problem employees and can help limit a company’s potential liability. With more than 65 million people in the United States having been arrested or convicted of crimes,...more

Don’t Be “Convicted” Of Discriminating Based On Criminal Convictions

Picture it: you have the perfect person to hire. You run the background check, and discover a criminal conviction. You are inclined to withdraw the offer, but suddenly you are faced with the question: can I do it? ...more

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

3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back...more

What You Should Know: EEOC Clarifies Use of Background Checks

In order to avoid potential litigation, employers who rely on criminal background checks to screen out undesirable applicants should make sure they are tailored to the requirements of the job being filled, the chairwoman of...more

U.S. District Court Decision Against EEOC: Use of Criminal Background and Credit History Checks in Making Hiring Decisions

A U.S. District Court judge in Maryland has dismissed a lawsuit that accused a nationwide marketing company of using background checks to discriminate against minority and male job applicants after finding the Equal...more

Why Can’t We Be Friends? Compliance And HR

I have long been an advocate of the compliance function working with the Human Resources (HR) function in any company to help achieve greater compliance under anti-corruption laws such as the Foreign Corrupt Practices Act...more

Seattle City Council Passes Ordinance Restricting Use Of Criminal Background Checks

On June 10, 2013, the Seattle City Council unanimously approved the “Job Assistance Bill,” which restricts when and how employers may seek and use criminal background information....more

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

Nevada Tenth State To Restrict Employer Use of Credit Checks

On May 23, 2013, Nevada's governor signed S.B. 127 to limit employer use of an applicant's or employee's credit history in hiring and personnel decisions....more

Nevada Restricts Use of Background Check Information

On May 23, 2013, Nevada became the tenth state to enact legislation restricting the use of credit background checks by employers. The new Nevada law goes into effect on October 1, 2013....more

Reviewing and Updating Your Employer Compliance Checklists

Given the plethora of recent changes in the employment law landscape, employers probably made reviewing compliance checklists a New Year’s resolution for 2013. From hiring employees, to training them, to auditing existing...more

Colorado’s New Credit Background Check Law to Go Into Effect on July 1, 2013

Colorado recently passed a new law regulating an employer’s use of credit background checks for applicants and employees. The new law goes into effect on July 1, 2013....more

Minnesota Joins a Handful of Other States and Cities to "Ban the Box" for Private Employment

On May 13, 2013, Minnesota's governor signed S.F. 523 to preclude private employers from asking job applicants about their criminal history on the initial job application and from making such inquiries until the applicant has...more

Proposed Class Action Lawsuit Underscores Legal Risks to Employers Using Background Checks

A putative nationwide class action alleging violations of the Fair Credit Reporting Act (“FCRA”) was recently filed against Toll Brothers Real Estate Inc. (“Employer”) in the United States District Court for the Eastern...more

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