Tag Archives: discrimination

Facebook Warns Employers Asking Job Applicants for Social Media Passwords May Expose Businesses to Legal Liability

Responding to an increase in reports of employers seeking to gain “inappropriate access” to social network profiles of job applicants, online social media giant Facebook issued a warning to employers in a recent blog posted on the company website – ‘Protecting Your Passwords and Your Privacy’ – that the practice of asking job applicants for their social media passwords “undermines the privacy expectations and the security of both the user and the user’s friends” and could potentially expose businesses to “unanticipated legal liability.” The blog is available at: http://www.facebook.com/notes/facebook-and-privacy/protecting-your-passwords-and-your-privacy/326598317390057. Continue reading

New EEOC Strategic Plan Combats Employment Discrimination through Strategic Law Enforcement

The United States Equal Employment Opportunity Commission (EEOC), the nation’s leading enforcer of employment anti-discrimination laws, recently approved its ‘Strategic Plan for Fiscal Years 2012-2016’ that establishes a framework for achieving the EEOC’s mission to “stop and remedy unlawful employment discrimination.” The first of three strategic objectives in the EEOC Strategic Plan is to combat employment discrimination through strategic law enforcement with the goal of reducing employment discrimination, remedying discriminatory practices, and securing meaningful relief for victims. The new EEOC Strategic Plan is at: http://www.eeoc.gov/eeoc/plan/strategic_plan_12to16.cfm. Continue reading

Illinois Bill Would Bar Employers from Asking Job Applicants for Social Media Passwords during Background Checks

A bill – Illinois H.B. 3782 – originally introduced last spring and recently taken up by the Illinois legislature’s Labor Committee would amend the state’s ‘Right to Privacy in the Workplace Act’ to bar employers from asking prospective employees for their usernames or passwords to their social media profiles on sites like Facebook or Twitter. Introduced by State Representative La Shawn Ford (D-Chicago), H.B. 3782 would make it illegal for employers to gain total access to social media sites of job applicant’s during the hiring process. The full text of Illinois H.B. 3782 is available here. Continue reading

California Assembly Bill 1831 would Prohibit Local Governments from Asking about Criminal History on Initial Job Applications

A new piece of California legislature – Assembly Bill No. 1831 (AB 1831) – would prohibit local governments in the state “from inquiring into or considering the criminal history of an applicant or including any inquiry about criminal history on any initial employment application.” AB 1831 would only authorize a local government to consider the criminal history of a job applicant “after the applicant’s qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements as stated in any notice issued for the position.” California Assembly Bill 1831 is available at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1801-1850/ab_1831_bill_20120222_introduced.pdf. Continue reading

Top Background Check Trends of 2012 Detailed by Safe Hiring Expert in Interview

The question of whether criminal background checks for job applicants are a smart move or a discriminatory practice is answered by Attorney and safe hiring expert Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), in an exclusive interview with Tom Field, Editorial Director of Information Security Media Group. The interview ‘Top 10 Screening Trends – What You Need to Know Before Conducting Background Checks’ detailing ESR’s Top 10 trends in background checks for 2012 is at: http://www.bankinfosecurity.com/interviews.php?interviewID=1347. Continue reading

Discrimination and Disparate Impact of High School Diploma Requirement for Learning Disabled Discussed in EEOC Letter

The U.S. Equal Employment Opportunity Commission (EEOC) Office of Legal Counsel recently wrote an informal discussion letter in response to an inquiry from a member of the public asking whether the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA) of 2008, prohibited a state from requiring students with learning disabilities to take “Gateway tests” or “end-of-course assessments” in order to receive their full high school diplomas. This letter, which is intended to provide an informal discussion of the issue and does not constitute official EEOC opinion, is at: http://www.eeoc.gov/eeoc/foia/letters/2011/ada_qualification_standards.html. Continue reading

Pepsi Pays 3 Million after EEOC Finds Hiring Discrimination against African Americans with Background Check Policy

Following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), Pepsi Beverages has agreed to pay $3.13 million and make major policy changes by providing job offers and training to resolve a charge of nationwide hiring discrimination against African Americans with criminal background checks, according to a press release from the EEOC website. The Commission found that the criminal background check policy formerly used by Pepsi discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964, and most of the monetary settlement will primarily be divided among black applicants for positions at Pepsi. Continue reading

California Bill AB 1450 would Prohibit Discrimination against Unemployed Jobseekers by Employers or Employment Agencies

In an effort to help stop discrimination against unemployed Californians looking for work who may be passed over by employers or employment agencies only interested in hiring applicants who already have a job, newly proposed legislation in the state – California Assembly Bill No. 1450 (AB 1450) – would fine California employers and employment agencies that refuse to consider jobless applicants for job openings. The full text of California AB 1450 is available at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1401-1450/ab_1450_bill_20120105_introduced.pdf. Continue reading

Criminal Background Checks of Job Applicants by Employers Coming Under Greater Scrutiny by EEOC

With a recent survey showing nine out of ten employers conduct criminal background checks on some or all job candidates, the Equal Employment Opportunity Commission (EEOC) held a public meeting in July 2011 examining the use of arrest and conviction records by employers for criminal background checks to determine if the practice was an unfair and discriminatory hiring barrier to job seeking ex-offenders. The EEOC’s actions, coupled with the growing “Ban the Box” movement seeking to remove the criminal history question from job applications, shows that employer use of criminal records is under fire now more than ever. This is Trend Number 1 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php. Continue reading

Civil Rights and Labor Groups Seek to End Credit Checks of Job Applicants by Employers

According to a report from HuffingtonPost.com, a coalition of 25 civil rights and labor advocacy groups recently petitioned TransUnion – one of the largest credit-monitoring firms in the United States along with Equifax and Experian and the only privately-held company of the so-called ‘Big Three’ – to stop making credit reports available and selling consumer credit information to employers to use for credit checks of job applicants during the hiring process. Continue reading