The Risks in Background Checks
The Clean Slate Act’s Impact on Employers
AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
Expungements: A Helping Hand for a Second Chance and New Opportunities
AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
#WorkforceWednesday: COVID-19 Restrictions Tighten, NYC Fair Chance Act, Biden's Budget - Employment Law This Week®
How to Conduct Criminal Background Checks the Right Way
[WEBINAR] Labor & Employment Law: What Changed in 2017
"Ban The Box" And Other Laws Limiting An Employer's Use Of Criminal History
LXBN This Week Ep. 2: EEOC on Criminal Records & Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS
Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
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
In 2012, the Equal Employment Opportunity Commission issued enforcement guidance on employers’ use of criminal background checks in the hiring process. The EEOC concluded that indiscriminate use of such checks has a disparate...more
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
NLRB Proposes Election Changes. On August 9, 2019, the National Labor Relations Board issued a notice of proposed rulemaking (NPRM) that proposes three specific amendments to its election procedures....more
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
The UK Court of Appeal ruled on January 31, 2019, that shop floor staff working for national supermarket chain could compare their pay and terms to distribution center workers. Over 7,000 mostly female shop floor staff have...more
The new Parental Bereavement (Leave and Pay) Act 2018, which was enacted on September 13 and will come into effect in 2020, grants parents who experience the loss of a child under 18 or a stillbirth after 24 weeks of...more
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
Courts have ruled that sweeping and overbroad employer-initiated disqualification policies must be struck absent business justification. But where is the line on what constitutes an overbroad and impermissible policy when...more
British Columbia Extends Family Leave Policies - New Legislation Enacted - On May 17, 2018, British Columbia amended legislation to give employees in the province pregnancy, parental, and compassionate care leaves. ...more
In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a...more
Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing...more
The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law...more
In 2012, the Equal Employment Opportunity Commission issued an Enforcement Guidance stating when employers’ use of criminal background checks to exclude applicants from jobs violates Title VII. The Guidance states the EEOC’s...more
Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’...more
On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more
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
Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more