News & Analysis as of September 21, 2024

Employment Discrimination

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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 -

Employer in deep Sheetz over criminal history check

McAfee & Taft on 5/6/2024

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

Federal Contractors To Be Limited On Criminal Background Checks

Akerman LLP - HR Defense on 1/31/2020

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

EEOC’s background check guidelines shot down

McAfee & Taft on 12/16/2019

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

EEOC Can’t Mess With Texas, Fifth Circuit Says

Manatt, Phelps & Phillips, LLP on 9/3/2019

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

Fifth Circuit Finds EEOC Exceeded its Authority in Issuing Enforcement Guidance on Arrest and Conviction Records

FordHarrison on 8/13/2019

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

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

Littler on 8/7/2019

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

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

Baker Donelson on 7/23/2018

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

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

Bond Schoeneck & King PLLC on 7/13/2018

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

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

Littler on 2/6/2018

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

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

Allen Matkins on 6/8/2017

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

California Employers Are Subject to New Requirements When Using Criminal History Information

Littler on 2/22/2017

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

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

Littler on 8/5/2016

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Title VII › Criminal Records › Employment Discrimination

Employer in deep Sheetz over criminal history check

Federal Contractors To Be Limited On Criminal Background Checks

EEOC’s background check guidelines shot down

EEOC Can’t Mess With Texas, Fifth Circuit Says

Fifth Circuit Finds EEOC Exceeded its Authority in Issuing Enforcement Guidance on Arrest and Conviction Records

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

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

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

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

California Employers Are Subject to New Requirements When Using Criminal History Information

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

Employers: Criminal History Inquiries May Get Tricky

Background Checks are Still Big Litigation Business—Just Ask BMW

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

EEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks

Title VII › Criminal Records › Employment Discrimination

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