Criminal Background Checks › Title VII

News & Analysis as of May 21, 2013

LXBN This Week Ep. 2: EEOC on Criminal Records & Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS

Prisoner 24601 May Report For Duty, Says the EEOC

by Kristen Jacoby, Gary Siniscalco | Orrick - Global Employment Law Group on 4/18/2013

Can the EEOC require employers to hire convicted criminals? Last April, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a policy guideline that calls into question the extent to which employers can...more

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

by Baker, Donelson, Bearman, Caldwell &... on 2/18/2013

The Department of Labor (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new directive advising federal contractors and subcontractors about potential liability that could result from using employees’...more

OFCCP Echoes EEOC’s Recommendations On The Use Of Criminal Records In Making Hiring Decisions

by Susan Lessack | Pepper Hamilton LLP on 2/18/2013

On January 29, 2013, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued Directive No. 306: "Complying with Non-Discrimination Provisions: Criminal Records Restrictions and...more

New Jersey Could Join Ban The Box Trend

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 2/13/2013

New Jersey legislators have proposed a law to prevent employers in the Garden State from asking prospective employees about their criminal history on job applications. This "Ban the Box" proposal refers to the box often...more

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

by Connie Bertram, Michael Graham, Carolyn Doppelt Gray, Lawrence Lorber, Katharine Parker, Daniel Saperstein, Leslie Silverman, Joshua Stein, Allan Weitzman | Proskauer Rose LLP on 2/12/2013

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

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Criminal Background Checks › Title VII

Prisoner 24601 May Report For Duty, Says the EEOC

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

OFCCP Echoes EEOC’s Recommendations On The Use Of Criminal Records In Making Hiring Decisions

New Jersey Could Join Ban The Box Trend

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

Annual Report on EEOC Developments – Fiscal Year 2012

EEOC’s Tough Enforcement Stance Against Criminal Background Checks

Individualized Assessments for Criminal Background Checks

New EEOC Guidance Prompts Reevaluation Of Criminal Screening Policies

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