Discrimination, Background Checks

Considerations on Criminal Background Checks & Tenancy Restrictions

Shumaker, Loop & Kendrick, LLP on 6/27/2023

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results...more

Wisconsin Supreme Court Confirms Approach to Evaluating Domestic Violence Conviction Record and Employment Obligations

Husch Blackwell LLP on 3/15/2022

On March 10, 2022, in the case Cree Inc. v. Labor and Industry Review Commission (Cree), the Wisconsin Supreme Court issued a 4-3 opinion holding that the employer’s recission of a job offer based on a domestic violence...more

The Department of Fair Employment and Housing Ramps Up Enforcement of California’s “Ban-the-Box” Law

Sheppard Mullin Richter & Hampton LLP on 12/9/2021

The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act. The Fair Chance Act, which was enacted in January 2018 and is...more

Eye On The Session, Pt. 2: Labor And Employment Summary Of Louisiana’s 2021 Legislation

McGlinchey Stafford on 6/16/2021

On May 11, 2021, we reported on a number of bills that were pending before the Louisiana legislature which, if signed into law, would have had a direct impact on employers. The bills included increased penalties for those who...more

Compliance News Flash - December 2020 #1

Arnall Golden Gregory LLP on 12/15/2020

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

HR ‘Don’ts’ Inspired by Netflix’s Tiger King

FordHarrison on 4/6/2020

In the midst of our pandemic-induced self-isolation and, in many cases, mandatory shelter-in-place orders, some of you have probably used this time to better yourselves. Perhaps you’ve tried out some new recipes or began an...more

WPI State of the States: State Legislatures and Governors Turn Up the Heat

Littler on 7/7/2017

As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more

The Pros and Cons of Social Media in Job Screenings

Pullman & Comley, LLC on 3/29/2017

It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more

WPI State of the States: Legislatures Saw a Flurry of Activity in February

Littler on 3/2/2017

Statehouses across the country continue to propose legislation at a frenzied pace. In February, as in January, more than 500 bills concerning labor and employment issues were either introduced or addressed in some fashion....more

NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

FordHarrison on 9/27/2016

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready...more

California Legislative Update: Heading Into The 2016 Session's Final Month

Littler on 7/27/2016

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

Holland & Knight LLP on 10/23/2015

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

What Should Employers Expect During The New Supreme Court Term?

Fisher Phillips on 9/30/2015

The first Monday in October is the traditional first day of a new U.S. Supreme Court term. As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers. Here is a review of...more

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

Littler on 9/23/2015

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

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

Hinshaw & Culbertson LLP on 9/11/2015

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

EEOC Loses One, Wins One

Sherman & Howard L.L.C. on 9/10/2015

The EEOC had a roller coaster week with respect to its aggressive challenges to employers’ background check practices. On September 3, a federal district court in Maryland slapped the EEOC with an attorney’s fees...more

BMW to Pay $1.6 Million and Offer Jobs to Settle Federal Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/9/2015

Company's Criminal Background Policy Disproportionately Affected African-American Logistics Workers, EEOC Charged - GREENVILLE, S.C. - The U.S. District Court for the District of South Carolina today entered a consent...more

California Employment Law Notes - September 2015

Proskauer - California Employment Law on 9/8/2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Virginia Shooting Raises Questions About Background Checks

Cozen O'Connor on 8/31/2015

First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an...more

That is SO last week - August 2015 #4

Zelle LLP on 8/25/2015

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Employers Burdened By More New Laws

Davis Wright Tremaine LLP on 7/14/2015

The Oregon Legislature enacted several laws in 2015 that will significantly affect your workplace. The following laws go into effect Jan. 1, 2016: Paid Sick Leave - As expected, Oregon has enacted a mandatory paid sick leave...more

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Littler on 6/25/2015

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

Five EEOC Initiatives to Monitor on the Agency’s Silver Anniversary

Epstein Becker & Green on 6/23/2015

The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...more

New York City – Ban the Box Plus Measure

Arnall Golden Gregory LLP on 6/16/2015

New York City passed a local law to amend its administrative code to prohibit employment discrimination based on one’s arrest record or criminal conviction. Employers and background screeners take note. The legislation, the...more

The Fair Credit Reporting Act: Why background checks are fueling the latest wave of class actions

McAfee & Taft on 6/1/2015

Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or...more

Discrimination › Background Checks

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