News & Analysis as of

Equal Employment Opportunity Commission Criminal Background Checks

The United States Equal Opportunity Commission is a federal agency created by Title VII of the Civil Rights Act of 1964. The EEOC is charged with enforcing anti-discrimination laws in the workplace.... more +
The United States Equal Opportunity Commission is a federal agency created by Title VII of the Civil Rights Act of 1964. The EEOC is charged with enforcing anti-discrimination laws in the workplace. Specifically, the Agency addresses instances where employees or applicants are discriminated against on the basis of color, race, sex, religion, national origin, disability, and/or genetic information.  less -

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

New Regulations Further Limit Use of Criminal History for Employment Decisions

by Jackson Lewis P.C. on

Effective July 1, 2017, new regulations will further limit employers’ ability to consider criminal history when making employment decisions. On March 27, 2017, the Office of Administrative Law approved the Fair...more

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

by Seyfarth Shaw LLP on

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 Further Restricted From Using Criminal History

by Foley & Lardner LLP on

California continues its lead in restricting use of criminal records with the Fair Employment and Housing Council (FEHC) recently finalizing new regulations that further limit a California employer’s ability to use criminal...more

New Fair Employment and Housing Act Regulations Further Limit Consideration of Criminal History in Employment Decisions

Considering criminal records when making employment decisions has long been the subject of scrutiny, and will soon be governed by new California regulations. On March 27, 2017, the California Office of Administrative Law...more

Food and Beverage Law Update: March 2017

by Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

California Lawmakers Introduce Statewide Ban-the-Box Law

by Littler on

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers...more

New Year, New Ban-The-Box Laws

by Fisher Phillips on

2017 is shaping up to be a year of continued growth for ban-the-box laws nationwide. It’s time for employers to get creative and develop strategies for hiring outside “the box. ”Ban-the-box laws are aimed at delaying the...more

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more

Will South Carolina Ban the Box?

In prior posts, we have noted that HR professionals should acknowledge the tension between making hiring decisions based on an applicant’s criminal history and avoiding Title VII liability, if refusing to hire certain...more

California FEHC Regulations Limit Use of Criminal History for Employment Decisions

by Davis Wright Tremaine LLP on

The Fair Employment and Housing Council has finalized new regulations that will further limit employers’ ability to consider criminal history when making employment decisions. The new regulations are scheduled to take effect...more

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

by Littler on

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

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

by Fisher Phillips on

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

UPDATE: The City of Los Angeles Adopts "Ban the Box," Prohibiting Criminal Conviction Inquiry Prior to Job Offer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an...more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

by Barley Snyder on

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

"A to Z" of What California Employers Need to Know for 2017

by BakerHostetler on

With the new year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2017. All-Gender/Single-User Restrooms - Beginning March 1,...more

City of Los Angeles Adopts Fair Chance Hiring Ordinance

by Morgan Lewis on

The ordinance, which aims to eliminate a barrier to employment for persons who have been convicted of crimes, becomes effective January 22, 2017....more

LA Doesn’t Just Ban The Box, It Gives It The Boot

by Fisher Phillips on

Los Angeles just joined the ranks of other cities like San Francisco and New York City by enacting its own ban-the-box ordinance, prohibiting private employers from inquiring about criminal convictions during the application...more

The City of Los Angeles Adopts “Ban the Box,” Prohibiting Criminal Conviction Inquiry Prior to Job Offer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective July 1, 2017, the Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal...more

City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

by Littler on

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal...more

Workplace Policy Institute Insider Report - October 2016

by Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The October edition of the Insider Report examines what Congress...more

The Texas Two-Step: Fifth Circuit Withdraws Ruling that Allowed Texas to Proceed with EEOC Background Check Lawsuit

The legal showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) over the agency’s background check guidance took another turn on September 23, 2016, when the Fifth Circuit Court of Appeals...more

Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and...more

Without a Box to Stand on: States May Lack Right to Fight EEOC Criminal History Guidance After All

As our readers are likely aware, ordinances have been adopted in recent years in numerous jurisdictions limiting an employer’s ability to inquire about a job applicant’s criminal background. These so-called “Ban the Box”...more

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

by FordHarrison on

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

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