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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
Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more
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
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
No legal authority to issue its Enforcement Guidance! In February 2018, I wrote about a federal court decision that enjoined (prohibited) the Equal Employment Opportunity Commission from taking any action to enforce its 2012...more
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
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
ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more
The U.S. District Court for the Northern District of Texas has enjoined the Equal Employment Opportunity Commission (EEOC) from enforcing its guidance on background checks against Texas. The guidance, Texas argued, directly...more
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
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
In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more
Effective July 1, 2017, new regulations will further limit employers’ ability to consider criminal history when making employment decisions. On March 27, 2017, the Office of Administrative Law approved the Fair...more
Considering criminal records when making employment decisions has long been the subject of scrutiny, and will soon be governed by new California regulations. On March 27, 2017, the California Office of Administrative Law...more
In prior posts, we have noted that HR professionals should acknowledge the tension between making hiring decisions based on an applicant’s criminal history and avoiding Title VII liability, if refusing to hire certain...more
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...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
A somewhat surprising decision in favor of the State of Texas was handed down from the Fifth Circuit Court of Appeals on June 27, 2016, which held that (i) Texas had standing to challenge the Equal Employment Opportunity...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
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
On Monday, HUD published new guidance for landlords conducting criminal background checks as a condition of renting housing. This guidance is applicable to all providers or operators of housing and real estate related...more
The California Fair Employment And Housing Council Issues Proposed Regulations To Limit Consideration Of Criminal History In Employment Decisions - Employers take great measures to avoid hiring dangerous employees—not...more
Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more