LXBN This Week Ep. 2: EEOC on Criminal Records & Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS
The Equal Employment Opportunity Commission (EEOC or Commission) recently filed federal lawsuits against Dollar General and a BMW manufacturing plant in South Carolina based on the EEOC’s revised guidance concerning use of...more
A new Indiana law takes effect on July 1, 2013 to prohibit employers from asking about (or otherwise considering) expunged or sealed arrests and convictions. Similarly, a new North Carolina law takes effect December 1, 2013...more
Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for...more
In two lawsuits filed by the Equal Employment Opportunity Commission on June 11, the agency accused two large employers of using criminal background checks to illegally discriminate against black workers....more
On June 14, Governor Rick Perry signed a new law that will preclude most causes of action for negligent hiring or negligent supervision against employers, general contractors, and premises owners. The new law (Texas H.B....more
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
On June 11, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits against Dollar General and BMW Manufacturing Co. LLC, accusing each company of discriminating against Black job applicants...more
On June 10, 2013, a new ordinance took effect in the City of Buffalo prohibiting public and private employers and City vendors from asking prospective employees about their criminal conviction history during the application...more
On June 10, 2013, the Seattle City Council unanimously approved the “Job Assistance Bill,” which restricts when and how employers may seek and use criminal background information....more
On June 10, 2013, the Seattle City Council passed an ordinance significantly restricting private employers’ ability to rely on criminal background checks to screen applicants for jobs in the City of Seattle. If Mayor McGinn...more
On May 13, 2013, Governor Dayton signed S.F. 523, the so-called "ban-the-box" bill, into law. The law takes effect January 1, 2014, and restricts when employers may inquire into job applicants' criminal background....more
The public policy interests supporting employment-related protections for ex-offenders, including encouraging ex-offenders to reenter the workforce, are detailed in the updated EEOC Enforcement Guidance, titled “Consideration...more
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
Effective July 1, 2013, a new Indiana law will give job applicants with criminal histories a chance to have their criminal records expunged (eliminated completely) after a period of time provided their prior convictions do...more
An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace...more
In This Issue: - Ohio Intentional Tort Update - Criminal Background Checks and Federal Contractors - New Family and Medical Leave Act Regulations - I-9 Form Changes - Excerpt from Ohio Intentional Tort Update:...more
Minnesota will become the third state with a Ban the Box law that applies to all employers, joining Massachusetts and Hawaii. ...more
Minnesota recently passed “ban the box” legislation, which will restrict private employers’ ability to ask about applicants’ criminal backgrounds on employment applications. Signed by the Governor on May 15, 2013 and...more
A school bus driver with numerous DUI convictions. A nursing home attendant with several arrests for violent assault. An accountant who served time in jail for banking fraud. You are more likely to read a news story about a...more
On Monday, Governor Dayton signed the Criminal Background Check Act (S.F. No. 523) into law in Minnesota, restricting the circumstances under which employers may request information regarding an applicant's arrests or...more
Gun violence is a hot topic in the wake of the Newtown shootings and the aftermath of last week’s Boston Marathon bombings, and now health privacy has joined the debate....more
Can the EEOC require employers to hire convicted criminals? Last April, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a policy guideline that calls into question the extent to which employers can...more
EEOC General Counsel, P. David Lopez, spoke at this year’s Florida Bar Advanced Labor Topics Seminar, and offered insights into the issues of interest to the EEOC’s attorneys. The areas of interest were broken down into 4...more
After months of sorting through applications, you find what appears to be the perfect applicant. His application boasts excellent academic credentials, unmatched work experience, and countless awards and accolades. His...more
WASHINGTON, D.C. - New employment laws in areas ranging from criminal background checks to weapons at work are likely to bubble up in states across the nation this year....more
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