Tag Archives: discrimination

Lawsuit against WMATA Alleges Background Check Violations

 Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed against the Washington Metropolitan Area Transit Authority (WMATA) claims that WMATA’s criminal background check policy violates the civil rights of African Americans, according to a report by The Washington Post. Continue reading

Court Affirms Judgment in EEOC Background Check Case

Written By Thomas Ahearn

EEOCOn April 9, 2014, the Sixth Circuit Court of Appeals affirmed summary judgment in the case of Equal Employment Opportunity Commission (EEOC) v. Kaplan Higher Education Corporation, et al. The EEOC brought suit against Kaplan claiming that its practice of using credit checks during the hiring process had a disparate impact on African Americans but the Sixth Circuit found the EEOC used flawed methodology when trying to prove credit checks unfairly impacted Black applicants. The ruling is available at http://www.ca6.uscourts.gov/opinions.pdf/14a0071p-06.pdf. Continue reading

Social Media Use in Workplace Raises Employment Discrimination Concerns

Written By Thomas Ahearn

home-applicant-generated-report-systemA panel of experts has told the U.S. Equal Employment Opportunity Commission (EEOC) that the growing use of social media by employers, applicants, and employees in today’s workplace may implicate and impact the federal laws prohibiting discrimination in employment that the EEOC enforces. A press release about the Social Media Commission meeting convened at EEOC Headquarters in Washington, D.C. to gather information is available at http://www.eeoc.gov/eeoc/newsroom/release/3-12-14.cfm. Continue reading

EEOC Releases Enforcement and Litigation Data for Fiscal Year 2013

The U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – has released comprehensive enforcement and litigation statistics for fiscal year 2013 that show the EEOC obtained the highest monetary recovery in agency history, $372.1 million, an increase of $6.7 million. The enforcement and litigation statistics for fiscal year 2013, which ran from October 1, 2012 to September 30, 2013, are available on the EEOC website at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm. Continue reading

Updated EEOC Guidance on Use of Criminal Records by Employers Becoming Core Concern for Human Resources

The updated Guidance on the use of criminal records in hiring decisions issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012 carries the potential to impact the hiring processes of every employer and Human Resources professional in the United States in 2014 and beyond. Although not a law or legally enforceable regulation, it is critical for employers to understand the Guidance since it shows how the EEOC interprets the use of criminal records. This is Trend Number Two of the 7th Annual Employment Screening Resources® (ESR) ‘Top Ten Background Check Trends’ for 2014. For more information about the trends, please visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

Study Finds Social Media Background Screening by Employers May Discriminate against Job Seekers

The study ‘An Experiment in Hiring Discrimination via Online Social Networks’ by researchers at Carnegie Mellon University (CMU) has found that sharing too much personal information on social networks may lead to hiring discrimination by employers using social media to screen job seekers, according to a story available at http://www.cmu.edu/homepage/computing/2013/fall/too-much-information.shtml. Continue reading

Texas Sues EEOC over Guidance for Criminal Background Checks

The State of Texas has filed suit against the U.S. Equal Employment Opportunity Commission (EEOC) over Guidance for use of criminal records of job applicants by employers for criminal background checks that may exclude convicted felons from employment. The complaint STATE OF TEXAS vs. EEOC is available at http://www.esrcheck.com/file/State-Of-Texas-vs-EEOC.pdf. Continue reading

Background Check Expert Lester Rosen Discusses Proper Use of Criminal Records When Hiring in Webinar November 6

To help employers comply with U.S. Equal Employment Opportunity Commission (EEOC) guidance, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), will discuss ‘Proper Use of Criminal Records When Hiring – Best Practices for Complying with the EEOC’s New Enforcement Guidelines’ in a webinar sponsored by Avant Resources on Wednesday, November 6, 2013 at 3:00 PM ET/12:00 PM PT. To register for the webinar, visit http://www.avantresources.com/store/events/proper-use-of-criminal-records-when-hiring. Continue reading

Seattle Ban the Box Ordinance Limiting Use of Criminal Records by Employers Takes Effect November 1

Starting November 1, 2013, employers in Seattle, Washington will need to comply with new “Ban the Box” legislation – Ordinance 124201 – that limits the use criminal history records by employers for employment screening during the initial hiring process. The text of Ordinance 124201, which creates a new ‘Chapter 14.17 The Use of Criminal History in Employment Decisions’ of the Seattle Municipal Code, is available at http://www.clerk.ci.seattle.wa.us/~archives/Ordinances/Ord_124201.pdf. Continue reading

EEOC Chair to Speak at Best Practices for Using Criminal Records in Hiring Conference on October 25

The Honorable Jacqueline Berrien, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), will join a panel of distinguished speakers discussing criminal background checks at the ‘Best Practices Standards for Use of Criminal Records in Hiring’ Conference on Friday, October 25, 2013 from 9:00 AM to 3:30 PM at the John Jay College of Criminal Justice in New York City. To register for the event through Wednesday, October 23, 2013, please visit JohnJayConference.lawyerscommittee.org. Continue reading