News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Criminal Background Checks Criminal Records

McAfee & Taft

Employer in deep Sheetz over criminal history check

McAfee & Taft on

A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more

Dorsey & Whitney LLP

Ban the Box Laws: What’s the Box and Why is it Banned?

Dorsey & Whitney LLP on

An overwhelming majority of states have adopted what is widely known as “ban-the-box” laws or policies that generally prohibit employers from inquiring about an applicant’s criminal background until later in the hiring...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

Jackson Lewis P.C.

Amendments To Illinois Human Rights Act Regulate Use Of Criminal Records In Employment Decisions

Jackson Lewis P.C. on

Illinois has enacted new limitations and procedural obligations on the use of criminal conviction records in employment decisions. Governor J.B. Pritzker signed the bill amending the Illinois Human Rights Act (IHRA) on...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

McAfee & Taft

EEOC’s background check guidelines shot down

McAfee & Taft on

One of the Equal Employment Opportunity Commission’s top priorities has been to stop employers from instituting blanket bans on hiring individuals with criminal records. The EEOC’s focus stems from national data suggesting...more

Fisher Phillips

Web Exclusive - August 2019: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Manatt, Phelps & Phillips, LLP

EEOC Can’t Mess With Texas, Fifth Circuit Says

The U.S. Court of Appeals for the Fifth Circuit sided with Texas in its challenge to the Equal Employment Opportunity Commission’s (EEOC) guidance for employers on the use of criminal records in hiring. ...more

Orrick - Employment Law and Litigation

Fifth Circuit Takes a Bite Out of EEOC’s Criminal Background Guidance

In the first-of-its-kind ruling last week, the Fifth Circuit held that the EEOC’s investigators and lawyers cannot rely on its “Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions...more

FordHarrison

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

FordHarrison on

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

Fox Rothschild LLP

Fifth Circuit Says EEOC Cannot Use 2012 Criminal Background History Guidance — What Does This Mean?

Fox Rothschild LLP on

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Takes A Hit In Criminal Background Case

No legal authority to issue its Enforcement Guidance! In February 2018, I wrote about a federal court decision that enjoined (prohibited) the Equal Employment Opportunity Commission from taking any action to enforce its 2012...more

Sherman & Howard L.L.C.

EEOC Benchslapped For Umpteenth Time On Criminal Background Checks

In a case with a truly byzantine court history, Texas v. EEOC, Texas has once again prevailed in striking down the EEOC’s “guidance” on employer use of arrest and conviction records. Way back in 2012, the EEOC issued...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

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Reminds Employers of the Importance of Targeted Screening and Individualized Assessment Processes

On September 24, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) reaffirmed the importance of following its 2012 enforcement guidance on employer use of criminal history information - specifically the EEOC’s...more

Baker Donelson

Justice System to Workforce: The Finer Points of Title VII's Implications on Criminal Background Checks

Baker Donelson on

It is estimated that the "American criminal justice system holds almost 2.3 million people in 1,719 state prisons, 102 federal prisons, 1,852 juvenile correctional facilities, 3,163 local jails, and 80 Indian Country jails as...more

Littler

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

Littler on

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

Fisher Phillips

California Employers Will Soon See New Workplace Regulations Take Effect - Rules On Transgender Discrimination And Criminal...

Fisher Phillips on

In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more

Allen Matkins

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

Allen Matkins on

Effective July 1, 2017, the regulations under the Fair Employment and Housing Act will identify new circumstances in which employers may face liability for considering criminal history in making employment decisions such as...more

McAfee & Taft

Best practices for Oklahoma employers when inquiring about criminal histories

McAfee & Taft on

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record....more

Jackson Lewis P.C.

New Regulations Further Limit Use of Criminal History for Employment Decisions

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

Foley & Lardner LLP

California Employers Further Restricted From Using Criminal History

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

Farella Braun + Martel LLP

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

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