Discrimination, Title VII, Criminal Background Checks

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

Littler on 7/18/2017

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

Employment Law Authority - May/June 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/6/2017

THE EVOLVING DEFINITION OF SEX(UAL ORIENTATION) UNDER TITLE VII - On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, making...more

Denial Of Defenses: Illinois Court OK’s EEOC’s Pre-Suit Procedures

Seyfarth Shaw LLP on 4/13/2017

Seyfarth Synopsis: A federal district court in Illinois recently granted the EEOC’s motion for partial summary judgment in EEOC v. Dolgencorp, LLC, No. 13-CV-4307 (N.D. Ill. Apr. 10, 2017), relative to two defenses advanced...more

California Employers Are Subject to New Requirements When Using Criminal History Information

Littler on 2/22/2017

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

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

The Employment Law Authority - July/August 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...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

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

Littler on 9/16/2015

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...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

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

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

Orrick - Employment Law and Litigation on 7/9/2014

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

Top New Jersey Legal Developments - January 2014

Proskauer Rose LLP on 1/13/2014

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

Hiring And Retaining Individuals With Criminal Histories

Carlton Fields on 12/3/2013

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

Bradley Arant Boult Cummings LLP on 11/27/2013

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

Court Slams EEOC on Background Check Lawsuit

BakerHostetler on 8/19/2013

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

Criminal Background Check Policies under Fire from the EEOC

Ballard Spahr LLP on 7/26/2013

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

Employment Law -- Jul 03, 2013

Manatt, Phelps & Phillips, LLP on 7/5/2013

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

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

K&L Gates LLP on 6/26/2013

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

Adding Bite To Its Bark: EEOC Files First Lawsuits Since Its Updated Guidance On Criminal Background Checks

Poyner Spruill LLP on 6/25/2013

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued updated guidance on the use of criminal background checks in making employment decisions. The guidance clarified the EEOC’s position that blanket...more

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

Littler on 6/17/2013

In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

EEOC Files Suit Against Two Employers for Use of Criminal Background Checks

U.S. Equal Employment Opportunity Commission... on 6/11/2013

BMW Fired and Denied Hire to Class of Employees Who Worked Successfully for Years; Dollar General Disproportionately Excluded African Americans From Hire - WASHINGTON - A BMW manufacturing facility in South Carolina,...more

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

Baker Donelson on 2/18/2013

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

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

Proskauer Rose LLP on 2/12/2013

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

Annual Report on EEOC Developments – Fiscal Year 2012

Littler on 1/9/2013

Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more

Discrimination › Title VII › Criminal Background Checks

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