News & Analysis as of September 21, 2024

Fair Credit Reporting Act (FCRA)

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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 -

Human Resources Compliance Audits (Part 2)

Porter Hedges LLP on 8/9/2023

An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

Venable LLP on 7/28/2023

Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Illinois Employers Must Act to Comply With New Equitable Employment Laws

Fox Rothschild LLP on 7/12/2023

Since Gov. J. B. Pritzker signed Senate Bill 1480 (the Act) on March 23, 2021, the standards for employers have been raised for both hiring and employment practices. The Act incorporated significant changes to the Illinois...more

Background Checks: The Advent of the New California Employment Class Action

McDermott Will & Emery on 11/6/2020

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 7/20/2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on 11/4/2019

Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

California Employment Law Notes - March 2019

Proskauer - California Employment Law on 3/18/2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Hire With Less Risk: Limits On Employment Candidate Inquiries In California

Davis Wright Tremaine LLP on 2/1/2019

California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...more

EEOC Continues to Scrutinize Criminal Record Screening Policies

Littler on 10/2/2018

Employers that use criminal record-screening policies must continue to be vigilant about compliance with all applicable laws and should know that the EEOC’s scrutiny of such policies, while perhaps scaled back, has not ended....more

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

Littler on 2/6/2018

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

California Employment Law Notes - March 2017

Proskauer - California Employment Law on 3/9/2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Employment Law - February 2017

Manatt, Phelps & Phillips, LLP on 2/27/2017

Ninth Circuit Sends Employment Dispute to Arbitration - Why it matters - The U.S. Court of Appeals for the Ninth Circuit sent an employment dispute to arbitration, reversing a denial of the employer's motion to...more

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

Littler on 8/5/2016

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

Employment Law - March 2016

Manatt, Phelps & Phillips, LLP on 3/4/2016

Failure to WARN Alleged in Complaint Against Yahoo - Why it matters - In a novel lawsuit, a former employee of Yahoo claims that the company manipulated its performance-review rating system in order to dodge both...more

Federal Courts Increase Scrutiny of Employer Compliance with the FCRA's Adverse Action Requirements

Littler on 1/4/2016

In the last two years, the number of employment class actions under the federal Fair Credit Reporting Act (FCRA) has ballooned. Most of the cases reported in the media have involved challenges to an employer’s compliance with...more

Fenwick Employment Brief

Fenwick & West LLP on 10/26/2015

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Employment Law - October 2015

Manatt, Phelps & Phillips, LLP on 10/5/2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

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

Littler on 9/23/2015

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

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

Littler on 9/16/2015

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

The Employment Law Authority - July/August 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2015

A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Hinshaw & Culbertson LLP on 8/11/2015

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

Startups and the Beginning of the Employment Relationship - Who, What, When, Where, and Why?

Poyner Spruill LLP on 8/11/2015

WHO to Hire? Startup companies can reduce or eliminate future problems with employees through careful hiring practices. Best practices include...more

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Littler on 6/25/2015

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

Littler on 5/14/2015

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

Rogue CFO III – Background Checks

Sands Anderson PC on 5/29/2014

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more

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