AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
Expungements: A Helping Hand for a Second Chance and New Opportunities
AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
[WEBINAR] Exploring the CPRA’s Investigatory Privilege
Devil in the Details: Gilbert King on Truth and Transparency in the Judicial Process
How to Conduct Criminal Background Checks the Right Way
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
Seyfarth Synopsis: A recent Second Circuit decision casts doubt on the usefulness of national statistics to support a claim of hiring disparities at the pleading stage of litigation. Unless the national population mirrors the...more
Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made....more
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
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
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
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
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
California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...more
It is estimated that the "American criminal justice system holds almost 2.3 million people in 1,719 state prisons, 102 federal prisons, 1,852 juvenile correctional facilities, 3,163 local jails, and 80 Indian Country jails as...more
Every employer wants to promote and sustain a safe workplace. One way in which employers try to accomplish this goal is to conduct background checks on its applicants or new hires to assess whether they might pose a risk to...more
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
Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more
Last week, the Equal Employment Opportunity Commission sued a janitorial and facilities management company for its failure to keep adequate recruitment records. The EEOC alleges that the company used “criminal history...more
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
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
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