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2014 Employment and Labor Law Final Exam Answer Key

Thank you to everyone who participated in this year’s Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to Margi Fleming and Danisha Sheppard. Both Margi and Danisha will...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

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 49: EEOC Takes On Background Checks

Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes. For over 40 years, the courts have...more

Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion...more

EEOC Provides Clarification on Use of Criminal History Information in Hiring Decisions

What are the requirements for employers that use criminal history information in making employment decisions? Are employers required to take on the onerous task of individually assessing applicants to ensure that they do not...more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

Banning the Box From Your Employment Application

As the New Year approaches, you are expecting better economic times ahead and a more profitable year for your business. Jumpstarting your entrepreneurial endeavors by hiring more help seems like the way to go, so you place...more

Hiring And Retaining Individuals With Criminal Histories

According to the Equal Employment Opportunity Commission, taking employment action based on an individual’s criminal history can amount to discrimination under Title VII of the Civil Rights Act of 1964 (Title VII),...more

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

Texas Files Suit to Strike Down EEOC Background Check Guidance

The Equal Employment Opportunity Commission (“EEOC”) usually forces employers who are subject to Title VII to play defense. The State of Texas, however, has upended that approach. On November 4, 2013, Texas filed a federal...more

EEOC Strikes Out In Criminal Background And Credit Check Litigation

The EEOC has been aggressively pursuing litigation against private businesses for alleged violations of Title VII based upon the use of criminal background and credit checks in the hiring process. The theory pursued by the...more

Labor Letter, October 2013: Strike Two – The EEOC's Failed Attempts To Limit Background Checks

On August 9, 2013, the EEOC suffered its second defeat of the year in litigation involving employer use of criminal and credit background checks for employment screening. A federal district court in Maryland held that the...more

Retail Industry Update, No. 3, September 2013: EEOC Loses (Again) On Criminal-Background Checks

Last year, we wrote about the EEOC’s then-new guidance on the use of criminal-background checks in hiring decisions. [“Using Conviction Records As A Screening Tool,” Retail Industry Update, June 2012]. In December 2012, the...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

Using background checks in hiring employees

Background checks are a vital tool in avoiding hiring problems and in limiting a company’s liability. With more than 65 million people in the United States having been arrested or convicted, and in the age of negligent hiring...more

Court Slams EEOC on Background Check Lawsuit

Last week, a district court in Maryland granted summary judgment in favor of Freeman, Inc. (“Freeman”), a service provider for corporate events, with respect to a nationwide pattern and practice lawsuit brought by the U.S....more

EEOC Taking Flak on Criminal Background Check Agenda

Last week, attorneys general of nine states signed a five page letter addressed to the Equal Employment Opportunity Commission. The letter sharply criticizes the EEOC’s guidance related to employers’ use of criminal...more

State Attorney Generals Challenge EEOC Criminal Background Check Lawsuits

As we reported in our July 15, 2013 blog post, the Equal Employment Opportunity Commission (EEOC) recently filed class action lawsuits against Dollar General and BMW challenging those employers’ use of criminal background...more

Criminal Background Check Policies under Fire from the EEOC

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

EEOC FIles Two Race-Based Class Action Lawsuits on Criminal Background Checks

On June 11, 2013, the Equal Employment Opportunity Commission (EEOC) filed separate class action lawsuits against two employers – Dollar General Stores and BMW – alleging that these employers engaged in racial discrimination...more

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

Another Background Check Pitfall? Following a State Law Mandate to Conduct Background Checks May Not Be a Defense in Title VII...

Adding to last year’s EEOC criminal background check guidance, Minnesota’s recent background check restrictions, and some other federal precedents, in Waldon v. Cincinnati Public Schools, the U.S. District Court for the...more

EEOC Begins Enforcing 2012 Criminal Background Check Guidance

EEOC Sues Two Employers for Race Discrimination for Using Criminal Background Checks to Exclude Applicants Without Also Making “Individualized Assessment” of Other Factors - In April 2012, the Equal Employment...more

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