News & Analysis as of

Title VII › Criminal Records › Background Checks

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Dorsey & Whitney LLP

Ban the Box Laws: What’s the Box and Why is it Banned?

Dorsey & Whitney LLP on

An overwhelming majority of states have adopted what is widely known as “ban-the-box” laws or policies that generally prohibit employers from inquiring about an applicant’s criminal background until later in the hiring...more

Akerman LLP - HR Defense

Federal Contractors To Be Limited On Criminal Background Checks

Akerman LLP - HR Defense on

Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made....more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...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

Orrick - Employment Law and Litigation

Fifth Circuit Takes a Bite Out of EEOC’s Criminal Background Guidance

Orrick - Employment Law and Litigation on

In the first-of-its-kind ruling last week, the Fifth Circuit held that the EEOC’s investigators and lawyers cannot rely on its “Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Takes A Hit In Criminal Background Case

Constangy, Brooks, Smith & Prophete, LLP on

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

Davis Wright Tremaine LLP

Hire With Less Risk: Limits On Employment Candidate Inquiries In California

Davis Wright Tremaine LLP on

California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...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

Bond Schoeneck & King PLLC

Crime and Punishment: Using Criminal Histories, Arrest Records, and Background Checks in Employment

Bond Schoeneck & King PLLC on

Every employer wants to promote and sustain a safe workplace. One way in which employers try to accomplish this goal is to conduct background checks on its applicants or new hires to assess whether they might pose a risk to...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

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

Arnall Golden Gregory LLP

BMW Signs Consent Decree – Background Screening

Arnall Golden Gregory LLP on

BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through...more

Hinshaw & Culbertson LLP

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

Hinshaw & Culbertson LLP on

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

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

Littler

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

Littler on

In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

Littler

The Flurry of New Employment Laws Regulating the Use of Criminal Records Continues with Expanded Restrictions in Indiana, North...

Littler on

The public policy interests supporting employment-related protections for ex-offenders, including encouraging ex-offenders to reenter the workforce, are detailed in the updated EEOC Enforcement Guidance, titled “Consideration...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide