News & Analysis as of

Background Checks Equal Employment Opportunity Commission (EEOC) Employment Discrimination

McAfee & Taft

The continued rise of artificial intelligence in employment law — 2023 in review

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As 2023 winds down to a close, the use of artificial intelligence (AI) by employers shows no sign of slowing down. Rather, employers should prepare for an increased use and presence of AI in employment decision-making, as...more

Littler

The Dust Hasn’t Settled Yet: Employers Must Continue to Be Thoughtful About Criminal Record Screening Policies

Littler on

Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism....more

McAfee & Taft

EEOC’s background check guidelines shot down

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One of the Equal Employment Opportunity Commission’s top priorities has been to stop employers from instituting blanket bans on hiring individuals with criminal records. The EEOC’s focus stems from national data suggesting...more

Fox Rothschild LLP

Fifth Circuit Says EEOC Cannot Use 2012 Criminal Background History Guidance — What Does This Mean?

Fox Rothschild LLP 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

Jackson Lewis P.C.

EPLI Trends, Sexual Harassment Claims, And Planning For 2019

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The pace of workplace law change and risk exposure continues to grow. Filing of Equal Employment Opportunity Commission (EEOC) and state agency charges, initiation of wrongful discharge and other lawsuits, and daily publicity...more

Amundsen Davis LLC

Job Posting And Ban The Box

Amundsen Davis LLC on

Over 33 states and 150 cities, counties and municipalities have enacted Ban-the Box laws that prohibit employers from asking about an applicant’s criminal record or criminal history prior to the applicant being selected for...more

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

EEOC Reminds Employers of the Importance of Targeted Screening and Individualized Assessment Processes

On September 24, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) reaffirmed the importance of following its 2012 enforcement guidance on employer use of criminal history information - specifically the EEOC’s...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says Criminal Convictions Justified Termination of Bank Employees

In 2012, the Equal Employment Opportunity Commission issued an Enforcement Guidance dealing with employer use of criminal background checks in the hiring process. The agency concluded that widespread use of such checks...more

Baker Donelson

Justice System to Workforce: The Finer Points of Title VII's Implications on Criminal Background Checks

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It is estimated that the "American criminal justice system holds almost 2.3 million people in 1,719 state prisons, 102 federal prisons, 1,852 juvenile correctional facilities, 3,163 local jails, and 80 Indian Country jails as...more

Payne & Fears

Brief Answers To Frequently Asked Employment- Related Questions

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With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

Allen Matkins

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

Allen Matkins on

Effective July 1, 2017, the regulations under the Fair Employment and Housing Act will identify new circumstances in which employers may face liability for considering criminal history in making employment decisions such as...more

Littler

California Lawmakers Introduce Statewide Ban-the-Box Law

Littler on

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers...more

Seyfarth Shaw LLP

The City of Los Angeles Adopts “Ban the Box,” Prohibiting Criminal Conviction Inquiry Prior to Job Offer

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Seyfarth Synopsis: Effective July 1, 2017, the Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal...more

Littler

City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

Littler on

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal...more

Akerman LLP - HR Defense

The Age of “Big Data”: How Your Electronic Applicant Searches May Be Complicating Your Talent Search

Akerman LLP - HR Defense on

How do you hire only the “best” employees? How does any employer find the time to “vet” the hundreds or even thousands of job seekers applying for positions? A number of employers have turned to “big data” – the use of...more

Zelle  LLP

Social Media-Based Screening and FCRA

Zelle LLP on

By now, most employers are familiar with the requirements of the Fair Credit Reporting Act (FCRA) and understand how it impacts background checks and applicant screening. In short, FCRA says that if an employer uses a third...more

Lewitt Hackman

Employers: Criminal History Inquiries May Get Tricky

Lewitt Hackman on

Last week the California Fair Employment and Housing Council of the Department of Fair Employment and Housing (or, in short, the Council) announced its proposed amendment to the California Code of Regulations, aiming to...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

Cozen O'Connor

Virginia Shooting Raises Questions About Background Checks

Cozen O'Connor on

First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an...more

Hinshaw & Culbertson LLP

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

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