Job Applicants Hiring & Firing

News & Analysis as of

“It’s a Match!”

Can techniques for finding a good date be used to find a good job or a good candidate? Some creators of recruiting technology think so. The recruiting app Switch uses a Tinder-like tool to match hiring managers and...more

FTC Issues Guidance on Consumer Reporting Obligations under the FCRA

On May 10, the FTC released new guidance on consumer reporting obligations under the FCRA. The guidance is intended to assist companies in understanding whether or not they are subject to consumer reporting requirements under...more

Massachusetts Noncompete Bill Advances, but Passage Remains Uncertain

In March, we reported that Massachusetts House Speaker Robert A. DeLeo had announced his support for legislative restrictions on employee noncompetition agreements, signaling a potential turning point in the long-running...more

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

New One-Stop Online Employment Resource for Veterans and Employers

On May 2, 2016, the U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service launched a one-stop online resource for employment services for veterans. The new website, Veterans.gov, brings together job...more

New Guidance Issued on FCRA Compliance in Employee Screening

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

Vermont Passes “Ban the Box” Legislation

On May 3, 2016, Vermont Governor Peter Shumlin signed into law a “ban the box” statute, which will take effect on July 1, 2017. The law will prohibit covered employers from inquiring about information pertaining to an...more

EEOC Sues Mobile Destination For Disability Discrimination

Mobile Phone Retailer's Management Withdrew Job Offer to Salesman Because He Uses a Wheelchair, Federal Agency Charges - HOUSTON - Mobile Destination, Inc., a mobile phone retailer which operates 30 Verizon Wireless...more

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

Seyfarth Synopsis: The Fair Employment and Housing Council is vetting proposed regulations to prevent employers from discriminating against applicants or employees with criminal histories. Our colleague Kate Svinarich...more

Vermont Joins the Ranks of Cities and States that "Ban the Box"

On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application. The law adds a new section to the state statutory...more

Pennsylvania Transit sued for Fair Credit Reporting Act violation

Last week, the Southeastern Pennsylvania Transportation Authority (SEPTA) was hit with a class action alleging violations of the Fair Credit Reporting Act (FCRA) for not sufficiently notifying job applicants of its use of...more

Modified “Ban the Box” Bill Approved in Connecticut

Remember “Ban the Box” and the fair chance employment bill from earlier in the session? Well, it passed last night. Sort of. An amendment to the original bill essentially wiped the prior version clean. Thus,...more

EEOC Sues KB Staffing For Disability Discrimination

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, made unlawful pre-offer health...more

Congress Considers Changes to FCRA to Expand Consumer Credit Files and Limit Use of Credit Reports for Employment Decisions

The Fair Credit Reporting Act (FCRA) regulates consumer reporting agencies (CRAs) and the use of consumer reports. The FCRA’s stated purpose includes requiring CRAs to adopt reasonable procedures for meeting the needs of...more

Is Everyone Replaceable, even Justice Scalia? Why You Should Hire Slow and Fire Fast

The unexpected death of Antonin Scalia, Associate Justice of the Supreme Court, has thrown the political landscape—already rife with presidential candidate turmoil—into a tailspin. Justice Scalia meant many things to many...more

‘I was not told there would be math’

Saturday Night Live has made invaluable contributions to American humor, but the best may be the show’s political parodies. Chevy Chase was famous for mocking Gerald Ford’s clumsy reputation (undeserved, for sure, considering...more

A Closer Look at Austin’s “Ban the Box” Ordinance

On March 24, 2016, the Austin City Council passed a “ban-the-box” ordinance, the Fair Chance Hiring Ordinance, which took effect on April 4, 2016. The final version of the ordinance was released on April 12, 2016. It...more

Milpitas to Pay $140,000 to Settle EEOC Age Discrimination Suit

City Denied Qualified Applicants Employment Because of Age, Federal Agency Charged - SAN FRANCISCO - The City of Milpitas will pay $140,000 and provide other relief to settle an age discrimination lawsuit by the U.S....more

Austin, Texas Joins Movement To “Ban The Box” In Hiring Practices

Effective April 4, 2016, Austin’s Fair Chance Ordinance (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an employer...more

EEOC Files Suit Targeting Employment Application “Health History”

On March 22, 2016, the Equal Employment Opportunity Commission (“EEOC”) filed suit in the United States District Court for the Western District of Missouri against Grisham Farm Products, Inc. alleging that its employment...more

Wisconsin Employers Targeted for Technical Violations of the Fair Credit Reporting Act

Within the past year, one Wisconsin resident has filed several class-action lawsuits against Wisconsin employers. In each case, the resident claimed that the targeted employers were using improper disclosures in employment...more

“Ban-the-Box” and Other Laws Limiting an Employer’s Use of Criminal History

Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more

"Ban The Box" And Other Laws Limiting An Employer's Use Of Criminal History [Video]

Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more

Austin Passes "Ban the Box" Ordinance

On March 24, 2016, the Austin City Council passed an ordinance that will significantly restrict many employers from making employment decisions about applicants or employees based on their criminal histories. The Fair Chance...more

What Employers Need to Know About "Ban the Box"

“Ban the Box” or “Fair-Chance Hiring” describes a recent movement that advocates removing the check box appearing on many job applications asking applicants whether they have criminal histories. Ban-the-box advocates say that...more

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