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Hiring & Firing › Race Discrimination › Criminal Background Checks

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
BCLP

Remember to Think Outside the Box: Ban-the-Box Laws Are Not the Only Restrictions on Consideration of an Applicant’s Criminal...

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A growing chorus of cities, counties, and states have passed “ban-the-box” laws that restrict when and how employers can consider an applicant’s or employee’s criminal history. Currently, thirteen states (California,...more

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

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

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

Arnall Golden Gregory LLP

Compliance News Flash

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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

U.S. Equal Employment Opportunity Commission...

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

U.S. Equal Employment Opportunity Commission... on

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

Farella Braun + Martel LLP

Blindfolding Employers: New Laws in California Further Restrict Job Applicant Information

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The state of California has long led the nation in regulating the employment relationship. From continuously expanding the classes of employees protected under its anti-discrimination laws, to passing one of the nation’s most...more

Littler

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

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Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

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In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Littler

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

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The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

Seyfarth Shaw LLP

D.C. Court Certifies Three Classes In Race Discrimination Class Action Involving Criminal Background Policy

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Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more

FordHarrison

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

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

Bradley Arant Boult Cummings LLP

“Ban the Box” Gains Momentum, At Least with Public Employers – Tennessee Becomes Latest State to Bar State Agencies from Asking...

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Tennessee has become one of the latest states to “ban the box,” joining a growing list of jurisdictions barring employers from asking about job applicants’ criminal histories. As of April 18, 2016, a total of 23 states and...more

Faegre Drinker Biddle & Reath LLP

EEOC Criminal Background Check Cases Come With Big Price Tags for All Parties

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One of the EEOC's top priorities has been ensuring individuals are not discriminated against based on their criminal histories. In recent years, it has filed multiple headline-grabbing lawsuits related to background checks...more

Littler

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

Littler on

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

Arnall Golden Gregory LLP

BMW Signs Consent Decree – Background Screening

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BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through...more

U.S. Equal Employment Opportunity Commission...

BMW to Pay $1.6 Million and Offer Jobs to Settle Federal Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Company's Criminal Background Policy Disproportionately Affected African-American Logistics Workers, EEOC Charged - GREENVILLE, S.C. - The U.S. District Court for the District of South Carolina today entered a consent...more

Jaburg Wilk

Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

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When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications...more

Franczek P.C.

Federal Appellate Court Throws Out EEOC Discrimination Complaint After Expert Accused of “Cherry-Picking” Data

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Last week, the Federal Court of Appeals for the Fourth Circuit upheld a district court’s decision granting summary judgment to an employer accused by the Equal Employment Opportunity Commission (EEOC) of racial bias in its...more

Mintz - Employment, Labor & Benefits...

A Check on the EEOC Attack on the Credit Check

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We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also...more

Bradley Arant Boult Cummings LLP

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

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A combination of recent enforcement efforts by the Equal Employment Opportunity Commission (EEOC) and state-level legislators has employers scratching their heads about what they can and cannot consider when making hiring...more

BakerHostetler

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

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A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for...more

Benesch

What You Should Know: EEOC Clarifies Use of Background Checks

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In order to avoid potential litigation, employers who rely on criminal background checks to screen out undesirable applicants should make sure they are tailored to the requirements of the job being filled, the chairwoman of...more

Benesch

U.S. District Court Decision Against EEOC: Use of Criminal Background and Credit History Checks in Making Hiring Decisions

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A U.S. District Court judge in Maryland has dismissed a lawsuit that accused a nationwide marketing company of using background checks to discriminate against minority and male job applicants after finding the Equal...more

Fisher Phillips

Dealership Update, No. 3, August 2013: "Do I Have To Hire A Criminal With Bad Credit?"

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The answer to whether an employer may refuse to hire someone with a criminal record or bad credit is not as simple as you might think. Two recently-filed lawsuits by the EEOC alleging that employers’ criminal-conviction...more

Ballard Spahr LLP

Criminal Background Check Policies under Fire from the EEOC

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The Equal Employment Opportunity Commission (EEOC) continues to crack down on allegedly discriminatory employer policies and practices involving criminal background checks....more

BakerHostetler

EEOC FIles Two Race-Based Class Action Lawsuits on Criminal Background Checks

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On June 11, 2013, the Equal Employment Opportunity Commission (EEOC) filed separate class action lawsuits against two employers – Dollar General Stores and BMW – alleging that these employers engaged in racial discrimination...more

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