News & Analysis as of

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

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Company Rescinded Job Offer to Applicant for Human Resources Director Position Less than One Day after Learning She Had Recently Given Birth, Federal Agency Says - ALEXANDRIA,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

Federal Court Grants Class Certification in Title VII Disparate Impact Suit Over Alleged Discriminatory Criminal Records Screening...

On July 1, 2014, the court granted class certification in a high-profile disparate impact discrimination case against the Census Bureau in federal court in New York based on its criminal record screening practices, Houser et...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

Past use of a false Social Security number: An employment disqualifier?

By now, most employers have faced situations in which they have discovered an employee has used a false Social Security number. Such discovery usually results in an employee discharge or resignation. A lawsuit filed on...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

EEOC Sues Insurance Company Over Hair Policy

An Alabama insurance company is being sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly discriminating against black job applicants. The EEOC alleges that the insurance company's grooming policy...more

Labor Letter, October 2013: Strike Two – The EEOC's Failed Attempts To Limit Background Checks

On August 9, 2013, the EEOC suffered its second defeat of the year in litigation involving employer use of criminal and credit background checks for employment screening. A federal district court in Maryland held that the...more

Mobile Catastrophic Insurance Claims Company Sued by EEOC for Race Discrimination over Hair Policy

Catastrophe Management Solutions' Policy Prohibiting Dreadlocks Violates Federal Race Bias Law, Federal Agency Charges - MOBILE, Ala. - Catastrophe Management Solutions, a Mobile catastrophic insurance claims...more

State Attorney Generals Challenge EEOC Criminal Background Check Lawsuits

As we reported in our July 15, 2013 blog post, the Equal Employment Opportunity Commission (EEOC) recently filed class action lawsuits against Dollar General and BMW challenging those employers’ use of criminal background...more

Criminal Background Check Policies under Fire from the EEOC

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

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Another Background Check Pitfall? Following a State Law Mandate to Conduct Background Checks May Not Be a Defense in Title VII...

Adding to last year’s EEOC criminal background check guidance, Minnesota’s recent background check restrictions, and some other federal precedents, in Waldon v. Cincinnati Public Schools, the U.S. District Court for the...more

James E. Brown & Associates Settle EEOC Pregnancy Discrimination Suit

D.C. Law Firm to Pay $18,000 to Pregnant Applicant for Rescinded Job Offer - WASHINGTON - James E. Brown & Associates, PLLC, a Washington, D.C. law firm, agreed to pay $18,000 to settle a pregnancy discrimination...more

EEOC Takes Aim at First Targets since Locking Down Employers’ Use of Arrest/Conviction Information

On June 11, 2013, the Equal Employment Opportunity Commission filed its first two lawsuits asserting that an employer’s use of felony conviction records to disqualify employees and applicants runs afoul of Title VII because...more

EEOC Files Suit Against Two Employers for Use of Criminal Background Checks

BMW Fired and Denied Hire to Class of Employees Who Worked Successfully for Years; Dollar General Disproportionately Excluded African Americans From Hire - WASHINGTON - A BMW manufacturing facility in South Carolina,...more

Stone Pony Pizza Sued for Race Discrimination

Company Refused to Hire African-American Applicants, Federal Agency Charges CLARKSDALE, Miss. - Stone Pony Pizza, Inc., a Clarksdale pizza restaurant and bar, violated federal law by refusing to hire a class of...more

Recordkeeping Part I

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

Legal Challenges to Applicant Credit Checks

Employers face rising criticism regarding their use of credit histories in hiring decisions. Civil rights advocates raise concerns that use of credit histories unfairly disadvantages certain segments of the population....more

Better Double Check Your Use Of Credit Checks

Colorado, Maryland and Pennsylvania are the latest to join a growing number of states that have taken steps to limit an employer's ability to perform credit checks on its employees. So far, only four states have actually...more

Use of Credit Checks as a Hiring Screen Draws Questions

Credit checks have become a common tool for employers looking for information to screen employees. Especially for employers who are inundated with employment applications in this tight job market, credit checks are an easy...more

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