News & Analysis as of

Race Discrimination Criminal Background Checks

Parker Poe Adams & Bernstein LLP

Divided Second Circuit Rejects Race Discrimination Claim Tied to Criminal Convictions

In 2012, the U.S. Equal Employment Opportunity Commission released an enforcement guidance document cautioning employers on the use of criminal background checks in hiring. The EEOC advised employers that blanket use of...more

Littler

How Might Virginia’s New Legislative Trifecta Affect Employers in the Commonwealth in 2020?

Littler on

In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers...more

BCLP

Remember to Think Outside the Box: Ban-the-Box Laws Are Not the Only Restrictions on Consideration of an Applicant’s Criminal...

BCLP on

A growing chorus of cities, counties, and states have passed “ban-the-box” laws that restrict when and how employers can consider an applicant’s or employee’s criminal history. Currently, thirteen states (California,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

Littler

WPI State of the States: From Sexual Harassment and Equal Pay to Vaccines and Big Data – February was a Mixed Bag of Legislative...

Littler on

State and local legislatures considered over 1,000 labor and employment bills in February, more than 600 of them new. ...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization....more

U.S. Equal Employment Opportunity Commission...

Furniture Retailer Rooms to Go Adopts Revised Criminal Background Check Procedures In Cooperation With The EEOC

Tampa, Fla. -- The U.S. Equal Employment Opportunity Commission (EEOC) and Rooms To Go, a larger furniture retailer, have reached a voluntary conciliation agreement to resolve allegations of race discrimination raised by an...more

Farella Braun + Martel LLP

Blindfolding Employers: New Laws in California Further Restrict Job Applicant Information

The state of California has long led the nation in regulating the employment relationship. From continuously expanding the classes of employees protected under its anti-discrimination laws, to passing one of the nation’s most...more

Littler

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Littler

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

Littler on

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

Seyfarth Shaw LLP

D.C. Court Certifies Three Classes In Race Discrimination Class Action Involving Criminal Background Policy

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more

Best Best & Krieger LLP

Big Changes for California’s Labor, Employment Laws

Californians are starting to feel the effects of new labor and employment laws passed in 2016 that raise the state’s minimum wage, aim to erase wage gaps, protect immigrant and disabled workers, as well as establish...more

Farella Braun + Martel LLP

California Enacts New Employment Laws for 2017

California Governor Jerry Brown concluded the 2016 Legislative Session by signing several bills affecting employment relationships. Listed below are those bills that perhaps most critically impact your daily operations. ...more

FordHarrison

NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

FordHarrison on

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready...more

Seyfarth Shaw LLP

2016 California Labor and Employment Legislation Update: The End (of Session) Is Near…

Seyfarth Shaw LLP on

The California Legislature adjourned in the wee hours yesterday, Wednesday, August 31st, having reviewed over 100 bills in the single day, bringing the second half of the 2015-2016 Legislative Session to a close. Several...more

Bradley Arant Boult Cummings LLP

“Ban the Box” Gains Momentum, At Least with Public Employers – Tennessee Becomes Latest State to Bar State Agencies from Asking...

Tennessee has become one of the latest states to “ban the box,” joining a growing list of jurisdictions barring employers from asking about job applicants’ criminal histories. As of April 18, 2016, a total of 23 states and...more

Holland & Knight LLP

HUD Releases Guidance on Criminal Background Checks by Housing Providers

Holland & Knight LLP on

The U.S. Department of Housing and Urban Development (HUD) on April 4, 2016, issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations....more

Ballard Spahr LLP

HUD Releases Guidance on Fair Housing and Criminal Screening in Private Housing

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) issued new guidance on April 4, 2016, on the use of criminal conviction records by housing providers in screening applicants. The guidance advises housing providers...more

Lowndes

HUD Determines That Blanket Bans of Ex-Offenders is Illegal Under the Fair Housing Act

Lowndes on

On April 4, 2016, the U.S. Department of Housing and Urban Development (“HUD”) issued guidance on its interpretation of how the Fair Housing Act applies to housing providers’ policies that ban residents with criminal records....more

McAfee & Taft

Obama embraces ‘ban the box’ movement

McAfee & Taft on

In November, President Obama announced that he was directing federal agencies that they could not inquire about criminal convictions on federal job applications. According to the president, the federal government “should not...more

Faegre Drinker Biddle & Reath LLP

EEOC Criminal Background Check Cases Come With Big Price Tags for All Parties

One of the EEOC's top priorities has been ensuring individuals are not discriminated against based on their criminal histories. In recent years, it has filed multiple headline-grabbing lawsuits related to background checks...more

Littler

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

Littler on

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

Arnall Golden Gregory LLP

BMW Signs Consent Decree – Background Screening

BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through...more

U.S. Equal Employment Opportunity Commission...

BMW to Pay $1.6 Million and Offer Jobs to Settle Federal Race Discrimination Lawsuit

Company's Criminal Background Policy Disproportionately Affected African-American Logistics Workers, EEOC Charged - GREENVILLE, S.C. - The U.S. District Court for the District of South Carolina today entered a consent...more

48 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide