News & Analysis as of

Discrimination Race Discrimination Criminal Background Checks

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Littler

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

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The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

Seyfarth Shaw LLP

D.C. Court Certifies Three Classes In Race Discrimination Class Action Involving Criminal Background Policy

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Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more

FordHarrison

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

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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

Littler

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

Littler on

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

U.S. Equal Employment Opportunity Commission...

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

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

Bradley Arant Boult Cummings LLP

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

Hinshaw & Culbertson LLP

EEOC Ordered To Pay Attorney’s Fees and Costs After Bogus Discrimination Case

Hinshaw & Culbertson LLP on

The Sixth Circuit has ordered the Equal Employment Opportunity Commission (“EEOC”) to pay more than $750,000 in attorney’s fees and costs for pursuing a frivolous employment discrimination case....more

BakerHostetler

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

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A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for...more

Benesch

What You Should Know: EEOC Clarifies Use of Background Checks

Benesch on

In order to avoid potential litigation, employers who rely on criminal background checks to screen out undesirable applicants should make sure they are tailored to the requirements of the job being filled, the chairwoman of...more

Benesch

U.S. District Court Decision Against EEOC: Use of Criminal Background and Credit History Checks in Making Hiring Decisions

Benesch on

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

Fisher Phillips

Dealership Update, No. 3, August 2013: "Do I Have To Hire A Criminal With Bad Credit?"

Fisher Phillips on

The answer to whether an employer may refuse to hire someone with a criminal record or bad credit is not as simple as you might think. Two recently-filed lawsuits by the EEOC alleging that employers’ criminal-conviction...more

Ballard Spahr LLP

Criminal Background Check Policies under Fire from the EEOC

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

Manatt, Phelps & Phillips, LLP

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

U.S. Equal Employment Opportunity Commission...

J.B. Hunt Agrees to Settle EEOC Race Discrimination Case Regarding Criminal Conviction Records

Transportation Company Agrees to Maintain Revised Policy Consistent With Recent EEOC Policy Guidelines; Some 14,000 Employees Affected Nationwide - LOS ANGELES - J.B. Hunt Transport, Inc., one of the largest...more

Bradley Arant Boult Cummings LLP

Criminal Background Checks: EEOC Enforcement and Ban-the-Box Update

The EEOC last year took a new step toward attempting to limit criminal background checks by employers. Recently the EEOC filed two well-publicized lawsuits alleging race discrimination against two different employers for...more

K&L Gates LLP

EEOC Takes Aim at First Targets since Locking Down Employers’ Use of Arrest/Conviction Information

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On June 11, 2013, the Equal Employment Opportunity Commission filed its first two lawsuits asserting that an employer’s use of felony conviction records to disqualify employees and applicants runs afoul of Title VII because...more

Maynard Nexsen

Employment Law Update: Background Becomes Battleground

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The Equal Employment Opportunity Commission (EEOC or Commission) recently filed federal lawsuits against Dollar General and a BMW manufacturing plant in South Carolina based on the EEOC’s revised guidance concerning use of...more

Orrick - Employment Law and Litigation

The EEOC Aggressively Pursues Criminal Background Check Policies

On June 11, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits against Dollar General and BMW Manufacturing Co. LLC, accusing each company of discriminating against Black job applicants...more

Baker Donelson

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

Baker Donelson on

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

Ballard Spahr LLP

OFCCP Issues Guidance on Use of Criminal Records in Employment Decisions

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently posted a Directive on “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race...more

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