News & Analysis as of

Criminal Background Checks Discrimination Job Applicants

Littler

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

Littler on

For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening.  These regulations are in addition to, not in lieu of, the federal...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Seyfarth Shaw LLP

Denial Of Defenses: Illinois Court OK’s EEOC’s Pre-Suit Procedures

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal district court in Illinois recently granted the EEOC’s motion for partial summary judgment in EEOC v. Dolgencorp, LLC, No. 13-CV-4307 (N.D. Ill. Apr. 10, 2017), relative to two defenses advanced...more

Seyfarth Shaw LLP

D.C. Court Certifies Three Classes In Race Discrimination Class Action Involving Criminal Background Policy

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more

Proskauer - California Employment Law

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more

Littler

California Employers Are Subject to New Requirements When Using Criminal History Information

Littler on

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

Seyfarth Shaw LLP

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fair Employment and Housing Council is vetting proposed regulations to prevent employers from discriminating against applicants or employees with criminal histories. Our colleague Kate Svinarich...more

Hinshaw & Culbertson LLP

EEOC Settles Background Check Suit with BMW, Leaves Employers Still Without Guidance

Earlier this week, it was announced that BMW Manufacturing Co. and the EEOC had entered into a Consent Decree, resolving one of three high profile suits over a company's use of background checks in the hire process that had...more

Orrick - Employment Law and Litigation

New York City “Bans the Box”—Inquiries Into Applicants’ Criminal Histories Now Significantly Restricted

On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application...more

Proskauer Rose LLP

Trends in New Jersey Employment Law - December 2014

Proskauer Rose LLP on

2014 Year in Review—the Top 10 Trends in New Jersey Employment Law - 2014 was another busy year for developments in New Jersey employment law. This newsletter examines noteworthy developments in ten key...more

Maynard Nexsen

2014 Employment and Labor Law Final Exam

Maynard Nexsen on

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess....more

Sherman & Howard L.L.C.

Texas’ Mess Premature

Back in November, we alerted you to Texas’ lawsuit against the EEOC over the EEOC’s Enforcement Guidance prohibiting categorical employer policies that preclude hiring convicted felons. Texas v. EEOC, No. 5:13-CV-255-C (N.D....more

Bradley Arant Boult Cummings LLP

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

A combination of recent enforcement efforts by the Equal Employment Opportunity Commission (EEOC) and state-level legislators has employers scratching their heads about what they can and cannot consider when making hiring...more

Laner Muchin, Ltd.

Texas Challenges EEOC's Regulation On The Use Of Criminal Background Checks In The Employment Application Process

Laner Muchin, Ltd. on

On November 4, 2013, the State of Texas filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) regarding the agency's April 2012 guidance on the use of criminal background checks in the employment...more

Sherman & Howard L.L.C.

“A Theory in Search of Facts”: Federal Court Blasts EEOC Challenge to Criminal and Credit Background Checks

Criticizing the EEOC for placing employers in a "Hobson's choice" related to the criminal and credit background check of job applicants, the federal district court in Maryland threw out the EEOC's lawsuit against an event...more

Ballard Spahr LLP

Criminal Background Check Policies under Fire from the EEOC

Ballard Spahr LLP on

The Equal Employment Opportunity Commission (EEOC) continues to crack down on allegedly discriminatory employer policies and practices involving criminal background checks....more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

U.S. Equal Employment Opportunity Commission...

J.B. Hunt Agrees to Settle EEOC Race Discrimination Case Regarding Criminal Conviction Records

Transportation Company Agrees to Maintain Revised Policy Consistent With Recent EEOC Policy Guidelines; Some 14,000 Employees Affected Nationwide - LOS ANGELES - J.B. Hunt Transport, Inc., one of the largest...more

Bradley Arant Boult Cummings LLP

Criminal Background Checks: EEOC Enforcement and Ban-the-Box Update

The EEOC last year took a new step toward attempting to limit criminal background checks by employers. Recently the EEOC filed two well-publicized lawsuits alleging race discrimination against two different employers for...more

K&L Gates LLP

EEOC Takes Aim at First Targets since Locking Down Employers’ Use of Arrest/Conviction Information

K&L Gates LLP on

On June 11, 2013, the Equal Employment Opportunity Commission filed its first two lawsuits asserting that an employer’s use of felony conviction records to disqualify employees and applicants runs afoul of Title VII because...more

Maynard Nexsen

Employment Law Update: Background Becomes Battleground

Maynard Nexsen on

The Equal Employment Opportunity Commission (EEOC or Commission) recently filed federal lawsuits against Dollar General and a BMW manufacturing plant in South Carolina based on the EEOC’s revised guidance concerning use of...more

Orrick - Employment Law and Litigation

The EEOC Aggressively Pursues Criminal Background Check Policies

On June 11, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits against Dollar General and BMW Manufacturing Co. LLC, accusing each company of discriminating against Black job applicants...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Suit Against Two Employers for Use of Criminal Background Checks

BMW Fired and Denied Hire to Class of Employees Who Worked Successfully for Years; Dollar General Disproportionately Excluded African Americans From Hire - WASHINGTON - A BMW manufacturing facility in South Carolina,...more

Sheppard Mullin Richter & Hampton LLP

Is Your Criminal Screening Process Compliant?

An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace...more

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