Job Applicants

News & Analysis as of

New Background Check Requirements for California Transportation Network Companies

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

McDonald's to Pay $56,500 to Settle EEOC Disability Discrimination Suit

Belton, Mo., Eatery Refused to Interview Deaf Applicant, Federal Agency Charged - ST. LOUIS -- McDonald's Corporation and McDonald's Restaurants of Missouri will pay $56,500 and furnish other relief to settle a...more

Salvation Army Sued by EEOC for Disability Discrimination

Aid Organization Rejects Applicant Due to Intellectual Disability, Federal Agency Charges - ANCHORAGE, Alaska - Global charitable organization the Salvation Army violated federal law when it refused to hire a young man...more

Use of Big Data Has Implications for Equal Employment Opportunity, Panel Tells EEOC

Public Commission Meeting Hears from Experts on Growing Use of Algorithms to Make Employment Decisions - WASHINGTON - Big Data-the use of algorithms, "data scraping" of the internet, and other means of evaluating tens...more

Los Angeles Moves Toward Prohibiting Criminal Conviction Inquiry Prior to Job Offer

Consistent with a national trend, the Los Angeles City Council’s Economic Development Committee voted last week in favor of a new law prohibiting most employers from inquiring about a job applicant’s possible criminal history...more

Inappropriate Social Media Activity Dooms Job Applicant’s Prospects

Being connected to not just your friends, but their friends and their friends’ friends (it’s all six degrees of separation, right?) means that it’s become increasingly hard to stay anonymous when using an online dating...more

Can A Job Applicant File A Disparate Impact ADEA Claim? No—According to the Eleventh Circuit

Is there such a thing as a disparate impact age claim? The Eleventh circuit last week says not for people applying for a job. On October 5, 2016, the Eleventh Circuit Court of Appeals issued an opinion shutting down claims...more

New Interim Rule Prohibits Federal Contractors From Retaliating Against Employees Who Discuss Compensation With Colleagues

On September 30, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule titled “Non-Retaliation for Disclosure of Compensation Information.”...more

Is Hiring Without Headaches Even Possible?

In the course of my litigation cases, I’ve had a good-natured argument at times with a few counsel who represent employees about the mindset of employers. The argument I’ve heard from them is that employers are too cavalier...more

Blurred Lines: Courts Still Unclear On When Sexual Orientation Discrimination is Illegal

Since its passage in 1964, Title VII of the Civil Rights Act has prohibited discrimination in employment on the basis of race, color, religion, sex and national origin. Title VII, which applies to all employers with 15 or...more

The District of Columbia and the Gender Pay Gap: The Fight (for Pay Equity) in Old D.C.

The District of Columbia may soon join Massachusetts in prohibiting employers from asking job candidates about their prior salary histories. On September 20, 2016, legislation known as the “Fair Wage Amendment Act of 2016”...more

Illinois Appellate Court Reminds Employers of Restrictions on Credit Checks

Recently, an Illinois Appellate Court found that Neiman Marcus violated state law by running credit checks on potential sales associates. In Ohle v. The Neiman Marcus Group, Ohle claimed that her conditional offer of...more

Portland, Oregon, Issues Rules Implementing ‘Ban the Box’

The City of Portland has issued administrative rules to the “Removing Barriers to Employment,” its ordinance aimed at removing job barriers for individuals with criminal records (Chapter 23.10 of the Portland Municipal Code)....more

What We Learned: Talent Placement Lesssons from Tennessee Football and The American Ryder Cup Team

Sports are about players making plays. Coaches and managers can breakdown film, scheme, and motivate all they want. But, when the game is on the line, execution is all that matters. As the ole coach said, “It’s not about the...more

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The...more

Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and...more

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although...more

UK Employment Law Round Up - September 2016, Volume 1, Issue 9

In this issue, we look at whether a job applicant can gain protection under the Framework and Equal Treatment Directives if the purpose of the application is to gain the status of someone who can make a claim to gain...more

Employer Wins Dreadlocks Deadlock: Three Things To Know About Latest Court Decision

A federal appeals court recently ruled that a woman rejected from a job because she refused to cut her dreadlocks could not proceed with a race discrimination claim against the employer. The decision highlights the...more

Eleventh Circuit: Refusal to Hire Black Applicant with Dreadlocks Did Not Violate Title VII

Last week, the Eleventh Circuit affirmed a decision dismissing a case filed by the EEOC on behalf of a black applicant whose employment offer was rescinded pursuant to the company’s grooming policy when she refused to cut off...more

Eleventh Circuit Declines EEOC’s Invitation To Expand Race To Include Personal Expression Or Cultural Characteristics

Seyfarth Synopsis: After a black woman’s employment offer was rescinded because she refused to cut off her dreadlocks in violation of a company grooming policy, the EEOC sued under Title VII for discrimination on the basis...more

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Employment Law Navigator – Week in Review: September 2016 #3

Last week, the legal battle between federal authorities and North Carolina over transgender bathroom access took a turn. North Carolina’s governor quietly withdrew the state’s suit against the federal government, instead...more

Start-up, Joberate, Assigns Score to Employees to Determine their Job Search History

Most individuals seeking out new job opportunities use their personal e-mail address to correspond with a prospective employer, presumably keeping that job hunt secret from their current employer. However, now, Joberate, a...more

Will “ban the box” backfire?

Ever since the Equal Employment Opportunity Commission updated its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions in 2012, many state and local jurisdictions have adopted...more

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