News & Analysis as of

Criminal Records Equal Employment Opportunity Commission (EEOC)

McAfee & Taft

Employer in deep Sheetz over criminal history check

McAfee & Taft on

A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more

Jackson Lewis P.C.

City of Atlanta Adopts New Protections for Criminal History Status, Gender Expression

Jackson Lewis P.C. on

The Atlanta City Council has amended the City of Atlanta Anti-Discrimination Ordinance to extend protections to citizens on the basis of criminal history status and gender expression in employment, housing, and public...more

Dorsey & Whitney LLP

Ban the Box Laws: What’s the Box and Why is it Banned?

Dorsey & Whitney LLP on

An overwhelming majority of states have adopted what is widely known as “ban-the-box” laws or policies that generally prohibit employers from inquiring about an applicant’s criminal background until later in the hiring...more

DirectEmployers Association

OFCCP Week In Review: December 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Foley & Lardner LLP

ICYMI: New York City Amended Its Fair Chance Act, and the Changes are Significant

Foley & Lardner LLP on

This past July 29, while employers were grappling with complicated COVID-related questions such as when to reopen offices and whether to impose employee vaccine mandates, an amendment to the New York City Fair Chance Act...more

Littler

The Dust Hasn’t Settled Yet: Employers Must Continue to Be Thoughtful About Criminal Record Screening Policies

Littler on

Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism....more

Stokes Wagner

Illinois Amends Human Rights Act, Business Corporation Act, and Equal Pay Act

Stokes Wagner on

On March 23, 2021, Governor J.B. Pritzker signed SB 1480 into law, amending three state statutes. First, the Illinois Human Rights Act is amended to impose employer obligations when making employment decisions based on...more

Husch Blackwell LLP

Illinois Enacts SB 1480 Strengthening The Equal Pay Act And Restricting Use Of Criminal Convictions In Employment Decisions

Husch Blackwell LLP on

On March 23, 2021, Illinois Governor Pritzker signed into law Senate Bill 1480, which amends both the Illinois Human Rights Act (IHRA) and the Illinois Equal Pay Act, and requires employers to report EEO-1 and pay data to the...more

Jackson Lewis P.C.

Amendments To Illinois Human Rights Act Regulate Use Of Criminal Records In Employment Decisions

Jackson Lewis P.C. on

Illinois has enacted new limitations and procedural obligations on the use of criminal conviction records in employment decisions. Governor J.B. Pritzker signed the bill amending the Illinois Human Rights Act (IHRA) on...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Rules Plaintiffs Must Use More Than National Criminal Statistics to Prove Racial Discrimination

According to U.S. Department of Justice statistics, Black men in the U.S. are more likely to be arrested and have criminal convictions on their records than their white counterparts. Last week, a split Second Circuit Court of...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

McAfee & Taft

EEOC’s background check guidelines shot down

McAfee & Taft on

One of the Equal Employment Opportunity Commission’s top priorities has been to stop employers from instituting blanket bans on hiring individuals with criminal records. The EEOC’s focus stems from national data suggesting...more

Fisher Phillips

Web Exclusive - August 2019: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Manatt, Phelps & Phillips, LLP

EEOC Can’t Mess With Texas, Fifth Circuit Says

The U.S. Court of Appeals for the Fifth Circuit sided with Texas in its challenge to the Equal Employment Opportunity Commission’s (EEOC) guidance for employers on the use of criminal records in hiring. ...more

Orrick - Employment Law and Litigation

Fifth Circuit Takes a Bite Out of EEOC’s Criminal Background Guidance

In the first-of-its-kind ruling last week, the Fifth Circuit held that the EEOC’s investigators and lawyers cannot rely on its “Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions...more

FordHarrison

Fifth Circuit Finds EEOC Exceeded its Authority in Issuing Enforcement Guidance on Arrest and Conviction Records

FordHarrison on

On Tuesday, August 6, 2019, the United States Court of Appeals for the 5th Circuit held that the Equal Employment Opportunity Commission’s (“EEOC”) Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

Fox Rothschild LLP

Fifth Circuit Says EEOC Cannot Use 2012 Criminal Background History Guidance — What Does This Mean?

Fox Rothschild LLP on

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

Butler Snow LLP

EEOC Lacked Authority to Issue Guidance Related to the Consideration of Arrest and Conviction Records

Butler Snow LLP on

On August 6, 2019, the Fifth Circuit Court of Appeals ruled that the Equal Employment Opportunity Commission (“EEOC”) “overstepped its statutory authority” in issuing the “Enforcement Guidance on the Consideration of Arrest...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Takes A Hit In Criminal Background Case

No legal authority to issue its Enforcement Guidance! In February 2018, I wrote about a federal court decision that enjoined (prohibited) the Equal Employment Opportunity Commission from taking any action to enforce its 2012...more

Sherman & Howard L.L.C.

EEOC Benchslapped For Umpteenth Time On Criminal Background Checks

In a case with a truly byzantine court history, Texas v. EEOC, Texas has once again prevailed in striking down the EEOC’s “guidance” on employer use of arrest and conviction records. Way back in 2012, the EEOC issued...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

Littler on

On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization....more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Reminds Employers of the Importance of Targeted Screening and Individualized Assessment Processes

On September 24, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) reaffirmed the importance of following its 2012 enforcement guidance on employer use of criminal history information - specifically the EEOC’s...more

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