News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Conditional Job Offers

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Federal Workforce Reports Focused on Workers With History of Arrest or Conviction

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released two companion reports examining the federal employment of workers with arrest or conviction records. The EEOC developed these reports in...more

Venable LLP

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

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Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Benesch

EEOC: Workplace Covid Testing Now Must be “Business Necessity”

Benesch on

With the COVID-19 pandemic, employers generally had broad discretion to require employees to take COVID-19 tests before entering the workplace. However, the Equal Employment Opportunity Commission (“EEOC”) has recently...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

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

Bricker Graydon LLP

EEOC accuses a Yale hospital of violating ADEA and ADA by blanket medical testing of physicians over 70 years old

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The U.S. Equal Employment Opportunity Commission (EEOC) has sued Yale New Haven Hospital based on the implementation of its “Late Career Practitioner Policy.” On February 11, 2020, the EEOC filed a complaint in federal court...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

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Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on

Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

FordHarrison

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

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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

Seyfarth Shaw LLP

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...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

U.S. Equal Employment Opportunity Commission...

Memorial Healthcare to Pay $74,418 to Settle EEOC Religious Discrimination Lawsuit

Hospital Unlawfully Refused Reasonable Accommodation for Religious Belief and Rescinded Job Offer, Federal Agency Charged - DETROIT - Memorial Healthcare, which operates a hospital in Owosso, Mich., will pay $74,418 and...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers to Pay $250,000 and not Resume ErgoMed Screening to Settle EEOC Discrimination Suit

Trucking Company Used Post-Offer Screen That Screened Out Applicants On the Basis of Disability, Federal Agency Charged - DENVER - National trucking company JBS Carriers, Inc. will pay $250,000 and furnish other...more

Fisher Phillips

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

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In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Foley & Lardner LLP

Is Being Overweight an Impairment?

Foley & Lardner LLP on

According to the Centers for Disease Control and Prevention (CDC), approximately 40 percent of U.S. adults are obese. The CDC uses the Body Mass Index (BMI) as the benchmark for obesity. BMI is a calculation based on height,...more

Littler

EEOC Continues to Scrutinize Criminal Record Screening Policies

Littler on

Employers that use criminal record-screening policies must continue to be vigilant about compliance with all applicable laws and should know that the EEOC’s scrutiny of such policies, while perhaps scaled back, has not ended....more

U.S. Equal Employment Opportunity Commission...

Furniture Retailer Rooms to Go Adopts Revised Criminal Background Check Procedures In Cooperation With The EEOC

Tampa, Fla. -- The U.S. Equal Employment Opportunity Commission (EEOC) and Rooms To Go, a larger furniture retailer, have reached a voluntary conciliation agreement to resolve allegations of race discrimination raised by an...more

Parker Poe Adams & Bernstein LLP

Asking Employee to Pay for MRI as a Hiring Condition Violated ADA

The Americans with Disabilities Act sets forth the conditions under which employers can require medical examinations as a condition of hire. Last month, the Ninth Circuit Court of Appeals held that an employer violated the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pulmonary Specialists of Tyler And Sleep Health for Disability Discrimination

ADA Violated With Unlawful Medical Inquiry and Termination, Federal Agency Charges - DALLAS - Pulmonary Specialists of Tyler and Sleep Health violated the Americans with Disabilities Act by making an unlawful medical...more

U.S. Equal Employment Opportunity Commission...

CSX Transportation to Pay $3.2 Million To Settle EEOC Disparate Impact Sex Discrimination Case

Railroad to Cease Challenged Physical Abilities Testing, Federal Agency Announces - HUNTINGTON, W.V. - CSX Transportation, Inc. (CSXT) will pay $3.2 million and furnish other relief to settle a company-wide sex...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hirschbach Motor Lines For Disability Discrimination

National Trucking Company Used "Back Assessment" to Screen Out Job Applicants It Regarded as Disabled, Federal Agency Charges - PORTLAND, Maine - Hirschbach Motor Lines, Inc. violated federal law by using a pre-employment...more

Seyfarth Shaw LLP

Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

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Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more

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