News & Analysis as of

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for...more

EEOC Sues Rosebud Restaurants for Race Discrimination in Hiring Across Chicago Area

Italian Restaurant Chain Refused to Hire Blacks; Many Locations Had None at All; Managers Said to Use Racial Slurs - CHICAGO - The U.S. Equal Employment Opportunity Commission filed a lawsuit today alleging that ten...more

U.S. District Court Decision Against EEOC: Use of Criminal Background and Credit History Checks in Making Hiring Decisions

A U.S. District Court judge in Maryland has dismissed a lawsuit that accused a nationwide marketing company of using background checks to discriminate against minority and male job applicants after finding the Equal...more

Dealership Update, No. 3, August 2013: "Do I Have To Hire A Criminal With Bad Credit?"

The answer to whether an employer may refuse to hire someone with a criminal record or bad credit is not as simple as you might think. Two recently-filed lawsuits by the EEOC alleging that employers’ criminal-conviction...more

J.B. Hunt Agrees to Settle EEOC Race Discrimination Case Regarding Criminal Conviction Records

Transportation Company Agrees to Maintain Revised Policy Consistent With Recent EEOC Policy Guidelines; Some 14,000 Employees Affected Nationwide - LOS ANGELES - J.B. Hunt Transport, Inc., one of the largest...more

New Texas Statute Limits Employer Liability for Negligent Hiring and Negligent Supervision…Or Does It?

When it comes to conducting criminal background checks, employers have long been faced with a double-edged sword. If an employer fails to use criminal background checks to screen job applicants, the employer could face a...more

Day & Zimmerman Resolve EEOC Racial Discrimination Claims for $190,000

African-American Employee Consistently Harassed by Day & Zimmerman Manager, Fired After Making Many Complaints, Federal Agency Charges - NEW YORK - The Equal Employment Opportunity Commission (EEOC) and Day &...more

EEOC Sues Prestige Transportation Service for Pattern and Practice of Hiring Discrimination

Company Refused to Hire Black Applicants, Federal Agency Charged - MIAMI - A Miami transportation company violated federal law by subjecting African-Americans to race discrimination, U.S. Equal Employment Opportunity...more

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

The Department of Labor (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new directive advising federal contractors and subcontractors about potential liability that could result from using employees’...more

Ohio District Court Dismisses EEOC Suit Challenging Credit Check Policies

Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan. 28, 2013). Kaplan provides, among other services, online college training,...more

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