Tag Archives: discrimination

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

Court of Appeals Upholds Award of 750000 Dollars Against EEOC in Background Check Discrimination Suit

In a 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit has upheld the award of $751,942 in fees and costs to Peoplemark, Inc. against the U.S. Equal Employment Opportunity Commission (EEOC) after the company refuted the EEOC’s claim that they allegedly violated Title VII of the Civil Rights Act by having a “blanket policy” of denying jobs to applicants with criminal records that discriminated against minorities. The opinion of the Courts of Appeals in EEOC v. Peoplemark, Inc., No. 11-2582 (Oct. 7, 2013) is available at http://www.ca6.uscourts.gov/opinions.pdf/13a0291p-06.pdf. Continue reading

EEOC Background Check Lawsuit Dismissed by Court Based On Unreliable Expert Reports

In a Memorandum Opinion issued in the case of Equal Employment Opportunity Commission (EEOC) v. Freeman, Judge Roger Titus of the U.S. District Court for the District of Maryland dismissed a lawsuit brought by the EEOC alleging that corporate events service provider Freeman, Inc. “unlawfully relied upon credit and criminal background checks that caused a disparate impact against African-American, Hispanic, and male job applicants,” according to a blog on WorkplaceClassAction.com. The blog is available at http://www.workplaceclassaction.com/2013/08/court-dismisses-eeocs-background-check-lawsuit-based-on-its-reliance-on-laughable-and-unreliable-expert-report-filled-of-errors-and-analytical-fal/. Continue reading

Attorneys General from Nine States Send Letter to EEOC Expressing Concern about Background Check Ban

The Attorneys General from nine states – Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah, and West Virginia – have sent a letter to the U.S. Equal Employment Opportunity Commission (EEOC) expressing concern about two recent lawsuits filed by the EEOC against companies that use criminal background checks when hiring new employees. The signed letter dated July 24, 2013 is available at http://www.esrcheck.com/file/Atty-General-Criticism-of-EEOC_2013-7-24.pdf. Continue reading