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Equal Employment Opportunity Commission (EEOC) Criminal Background Checks Employment Discrimination

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

U.S. Equal Employment Opportunity Commission...

EEOC Issues Federal Workforce Reports Focused on Workers With History of Arrest or Conviction

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released two companion reports examining the federal employment of workers with arrest or conviction records. The EEOC developed these reports in...more

Morgan Lewis

Louisiana ‘Fair Chance’ Law Restricts Employer Discretion in Considering Candidates’ Criminal History

Morgan Lewis on

Louisiana has joined the growing number of states that have enacted “fair chance” laws that, in general, require employers to evaluate the relationship between a candidate’s criminal history and the duties and...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

FordHarrison

Illinois Passes Sweeping Legislation Impacting Employers

FordHarrison on

Executive Summary:  On March 23, 2021, Governor J.B. Pritzker signed into law Illinois Senate Bill 1480 which amends the Illinois Human Rights Act, the Illinois Equal Pay Act of 2003, and the Illinois Business Corporation...more

McAfee & Taft

EEOC’s background check guidelines shot down

McAfee & Taft on

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

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

Seyfarth Shaw LLP on

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

BCLP

Remember to Think Outside the Box: Ban-the-Box Laws Are Not the Only Restrictions on Consideration of an Applicant’s Criminal...

BCLP on

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

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on

Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Manatt, Phelps & Phillips, LLP

EEOC Can’t Mess With Texas, Fifth Circuit Says

The U.S. Court of Appeals for the Fifth Circuit sided with Texas in its challenge to the Equal Employment Opportunity Commission’s (EEOC) guidance for employers on the use of criminal records in hiring. ...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

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

Seyfarth Shaw LLP

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...more

Fisher Phillips

Federal Appeals Court Strikes Down EEOC’s Criminal Background Guidance In Texas - 3 Things For Employers To Know

Fisher Phillips on

A federal appeals court ruled yesterday that the 2012 guidance document from the Equal Employment Opportunity Commission (EEOC) that cautioned employers not to apply blanket bans against hiring those with criminal records...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

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

U.S. Equal Employment Opportunity Commission...

Furniture Retailer Rooms to Go Adopts Revised Criminal Background Check Procedures In Cooperation With The EEOC

Tampa, Fla. -- The U.S. Equal Employment Opportunity Commission (EEOC) and Rooms To Go, a larger furniture retailer, have reached a voluntary conciliation agreement to resolve allegations of race discrimination raised by an...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

Butler Snow LLP

Job Applicants and Employees with Criminal Charges and Convictions: What Can an Employer Do?

Butler Snow LLP on

Employers use job applications to seek information about conviction records. Criminal background checks are often performed before hiring an employee. Why? The reasons seem obvious, but unfortunately, how the information can...more

Baker Donelson

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

Baker Donelson on

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

Seyfarth Shaw LLP

Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more

Akerman LLP - HR Defense

Is The EEOC’s Background Check Guidance In Jeopardy?

Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

Sherman & Howard L.L.C.

EEOC Can’t Mess With Texas (Until Folks Have A Chance To Comment On Substantive Rule)

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

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

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