Evidence, Criminal Background Checks

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

Cozen O'Connor on 4/11/2024

Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more

Modifications to California Regulations Governing Employer Consideration of An Applicant’s Criminal History Approved

Payne & Fears on 8/23/2023

The California Office of Administrative Law recently approved the Civil Rights Council’s amendments to regulations in the Fair Employment and Housing Act (“FEHA”) that govern employer inquiries into and consideration of a job...more

Alabama District Court Examines Emotional Distress Damages under FCRA

Womble Bond Dickinson on 2/25/2019

Courts across the country differ on what is required to prove emotional distress damages under the FCRA. The Eleventh Circuit has proven to be no exception. In Johnathan Rodriguez v. General Information Services, No....more

Court Orders EEOC To Pay Employer Nearly $1 Million In Attorneys' Fees And Costs, Finds EEOC Pursued Case Long After It Was Clear...

Laner Muchin, Ltd. on 9/17/2015

Employers often criticize the EEOC’s position on employers’ use of background checks in the application process as increasing exposure for disparate treatment claims from applicants and as being willfully blind to legitimate...more

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

Proskauer - Law and the Workplace on 2/24/2015

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2105), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the...more

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

Littler on 2/5/2013

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more