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Hiring & Firing › Discrimination › Background Checks

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Sheppard Mullin Richter & Hampton LLP

The Department of Fair Employment and Housing Ramps Up Enforcement of California’s “Ban-the-Box” Law

Sheppard Mullin Richter & Hampton LLP on

The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act. The Fair Chance Act, which was enacted in January 2018 and is...more

FordHarrison

HR ‘Don’ts’ Inspired by Netflix’s Tiger King

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In the midst of our pandemic-induced self-isolation and, in many cases, mandatory shelter-in-place orders, some of you have probably used this time to better yourselves. Perhaps you’ve tried out some new recipes or began an...more

Littler

WPI State of the States: State Legislatures and Governors Turn Up the Heat

Littler on

As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more

Pullman & Comley, LLC

The Pros and Cons of Social Media in Job Screenings

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It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more

FordHarrison

NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

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Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready...more

Holland & Knight LLP

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

Holland & Knight LLP on

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

Fisher Phillips

What Should Employers Expect During The New Supreme Court Term?

Fisher Phillips on

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...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

Hinshaw & Culbertson LLP

EEOC Settles Background Check Suit with BMW, Leaves Employers Still Without Guidance

Hinshaw & Culbertson LLP on

Earlier this week, it was announced that BMW Manufacturing Co. and the EEOC had entered into a Consent Decree, resolving one of three high profile suits over a company's use of background checks in the hire process that had...more

U.S. Equal Employment Opportunity Commission...

BMW to Pay $1.6 Million and Offer Jobs to Settle Federal Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Company's Criminal Background Policy Disproportionately Affected African-American Logistics Workers, EEOC Charged - GREENVILLE, S.C. - The U.S. District Court for the District of South Carolina today entered a consent...more

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Proskauer - California Employment Law on

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...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

Zelle LLP

That is SO last week - August 2015 #4

Zelle LLP on

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Littler

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Littler on

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

Epstein Becker & Green

Five EEOC Initiatives to Monitor on the Agency’s Silver Anniversary

Epstein Becker & Green on

The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...more

Arnall Golden Gregory LLP

New York City – Ban the Box Plus Measure

Arnall Golden Gregory LLP on

New York City passed a local law to amend its administrative code to prohibit employment discrimination based on one’s arrest record or criminal conviction. Employers and background screeners take note. The legislation, the...more

McAfee & Taft

The Fair Credit Reporting Act: Why background checks are fueling the latest wave of class actions

McAfee & Taft on

Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or...more

Skadden, Arps, Slate, Meagher & Flom LLP

"'Ban the Box' Initiatives: Removing Conviction Histories From Employment Applications"

Skadden, Arps, Slate, Meagher & Flom LLP on

The use of criminal records in the hiring process has received a great deal of attention in recent years. The Equal Employment Opportunity Commission issued guidance in 2012 requiring employers to demonstrate that conviction...more

Proskauer Rose LLP

Trends in New Jersey Employment Law - December 2014

Proskauer Rose LLP on

2014 Year in Review—the Top 10 Trends in New Jersey Employment Law - 2014 was another busy year for developments in New Jersey employment law. This newsletter examines noteworthy developments in ten key...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Erie Strayer Company for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges - PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal...more

Baker Donelson

Effective July 1, 2014: New Tennessee Laws

Baker Donelson on

New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring...more

Orrick - Employment Law and Litigation

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Orrick - Employment Law and Litigation on

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...more

Franczek P.C.

General Assembly Approves New Laws for Illinois Employers

Franczek P.C. on

As the legislative session drew to a close at the end of May, the Illinois General Assembly approved several new laws that will affect Illinois employers beginning January 1, 2015. The laws are now awaiting approval by...more

Benesch

What You Should Know: EEOC Clarifies Use of Background Checks

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In order to avoid potential litigation, employers who rely on criminal background checks to screen out undesirable applicants should make sure they are tailored to the requirements of the job being filled, the chairwoman of...more

Benesch

U.S. District Court Decision Against EEOC: Use of Criminal Background and Credit History Checks in Making Hiring Decisions

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A U.S. District Court judge in Maryland has dismissed a lawsuit that accused a nationwide marketing company of using background checks to discriminate against minority and male job applicants after finding the Equal...more

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