News & Analysis as of

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

Ban the Ban-the-Box? Proposed Law May Clarify Background Check Dilemma in Regulated Industries

On the heels of the Equal Employment Opportunity Commission’s (EEOC) increased scrutiny regarding criminal history questions during the hiring process and the wave of new state ban-the-box laws, Congress has proposed...more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

Background Screening Company Adopts Revised Procedures in Cooperation with EEOC

DALLAS -- The U.S. Equal Employment Opportunity Commission (EEOC) and The Cole Group have reached an agreement reflecting the job applicant screening company's implementation of revised policies and practices to ensure that...more

BNSF Railway Sued by EEOC for Disability Discrimination

Company Rescinds Offer Due to Applicant's Prior Back Injury, Federal Agency Charges - SEATTLE - Texas-based BNSF Railway Co. violated the Americans with Disabilities Act (ADA) by withdrawing a job offer to a...more

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more

EEOC Sues Dunkin’ Donuts Franchisee for Religious Discrimination

Company Refused to Hire Applicant Because of His Religion, Federal Agency Charged - ASHEVILLE, N.C. - Citi Brands, LLC, a franchisee of Dunkin' Donuts, violated federal law by refusing to hire a job applicant who is a...more

Texas’ Mess Premature

Back in November, we alerted you to Texas’ lawsuit against the EEOC over the EEOC’s Enforcement Guidance prohibiting categorical employer policies that preclude hiring convicted felons. Texas v. EEOC, No. 5:13-CV-255-C (N.D....more

Federal Judge Rules Prime Trucking’s Same-Sex Training Policy Violates Federal Law

New Prime's Driver Training Program Discriminates Against Women, EEOC Charged and Court Agrees - ST. LOUIS - A federal judge ruled August 14 that New Prime, Inc., one the nation's largest trucking companies, violated...more

Food Rite Community Supermarket Settles EEOC Sex Discrimination Lawsuit

Richmond Store Denied Qualified Female Applicant Van Driver Job, Lawsuit Charged - RICHMOND, Va. - Lee's Food Corp., doing business as Food Rite Community Super­market, will pay $10,500 and provide other relief to ...more

EEOC Sues Savi Technology for Pregnancy Discrimination

Company Rescinded Job Offer to Applicant for Human Resources Director Position Less than One Day after Learning She Had Recently Given Birth, Federal Agency Says - ALEXANDRIA, VA - Alexandria, Virginia-based Savi...more

New Baltimore City Law Limits Employee Criminal Record Checks: How Health Care Employers Are Affected

Effective August 13, 2014, certain Baltimore City employers will be restricted from asking applicants and employees about their criminal history. However, many health care employers will be exempt from this new law either...more

Background Checks: Back to Basics

Recently two federal agencies, the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC), issued joint guidance on job applicant and employee background checks and "What Employers Need to Know."...more

Many Private Sector Employers Limited Regarding Criminal History Inquiries - Illinois Is Now Among the Growing Number of States...

Illinois joins the growing number of states and localities across the country that have "ban-the-box" laws. Statutes that limit inquiry about criminal history during the application and hiring process are known informally as...more

eTrends - EEOC and FTC Issue Joint Guidance on the Use of Background Checks for Employment Purposes

The Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) issued joint guidance last month on the use of background checks for employment purposes. Two publications were released. One...more

Employers Using Medical History in Hiring Decisions Take Notice: The EEOC is Watching

Two recent victories for the EEOC should remind employers that rejecting a job applicant over a medical condition, even when the condition appears directly related to job performance, can expose the employer to serious legal...more

New Guidance for Employers Conducting Background Checks

Employers who investigate workers' criminal or credit backgrounds may want to review federal guidelines released March 10. The joint publication of the Federal Trade Commission and the Equal Employment Opportunity...more

EEOC and FTC Offer Joint Tips on Use of Employment Background Checks

User-Friendly Documents for Employers, Job Applicants, and Employees Explain Laws Governing the Acquisition and Use of Personal Background Information - WASHINGTON - The U.S. Equal Employment Opportunity Commission...more

Employment Law Advisory for March 5, 2014: San Francisco Follows Emerging Trend, Restricts Use of Criminal Records by Employers

On February 17, 2014, San Francisco passed a new law, the Fair Chance Ordinance, that follows an emerging trend and restricts an employer’s ability to seek and utilize information regarding the criminal records of applicants...more

Background Checks: Not Over until It’s Over!

In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

Bay State Milling Company to Pay $80K to Settle EEOC Hiring Discrimination Case

Indiantown, Fla., Milling Company Refused to Hire Qualified Applicant Based on His Age, Federal Agency Charged - MIAMI - Bay State Milling Company, a major flour and grain producer, will pay $80,185 and furnish other...more

Banning the Box From Your Employment Application

As the New Year approaches, you are expecting better economic times ahead and a more profitable year for your business. Jumpstarting your entrepreneurial endeavors by hiring more help seems like the way to go, so you place...more

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

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

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