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Title VII › Criminal Records › Civil Rights Act

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
McAfee & Taft

Employer in deep Sheetz over criminal history check

McAfee & Taft on

A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more

Dorsey & Whitney LLP

Ban the Box Laws: What’s the Box and Why is it Banned?

Dorsey & Whitney LLP on

An overwhelming majority of states have adopted what is widely known as “ban-the-box” laws or policies that generally prohibit employers from inquiring about an applicant’s criminal background until later in the hiring...more

Seyfarth Shaw LLP

Strength in Numbers? Not Necessarily, Says Second Circuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent Second Circuit decision casts doubt on the usefulness of national statistics to support a claim of hiring disparities at the pleading stage of litigation. Unless the national population mirrors the...more

Akerman LLP - HR Defense

Federal Contractors To Be Limited On Criminal Background Checks

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Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made....more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

FordHarrison

Fifth Circuit Finds EEOC Exceeded its Authority in Issuing Enforcement Guidance on Arrest and Conviction Records

FordHarrison on

On Tuesday, August 6, 2019, the United States Court of Appeals for the 5th Circuit held that the Equal Employment Opportunity Commission’s (“EEOC”) Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

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

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

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

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

Butler Snow LLP

EEOC Lacked Authority to Issue Guidance Related to the Consideration of Arrest and Conviction Records

Butler Snow LLP on

On August 6, 2019, the Fifth Circuit Court of Appeals ruled that the Equal Employment Opportunity Commission (“EEOC”) “overstepped its statutory authority” in issuing the “Enforcement Guidance on the Consideration of Arrest...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

Littler on

On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Davis Wright Tremaine LLP

Hire With Less Risk: Limits On Employment Candidate Inquiries In California

Davis Wright Tremaine LLP on

California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...more

Littler

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

Littler on

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

Littler

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

Littler on

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

Littler

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

Littler on

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

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