The National Association for the Advancement of Colored People (NAACP) and the community group TakeAction Minnesota have accused a large national retailer of unfair hiring practices that allegedly discriminated against job applicants with criminal records in ten formal complaints filed with the U.S. Equal Employment Opportunity Commission (EEOC). More information about this story is available …Continue reading "Complaints to EEOC Allege National Retailer Discriminated against Job Applicants with Criminal Records"
Attorney Lester Rosen, a safe hiring expert and founder and CEO of background check firm Employment Screening Resources (ESR), will present a session titled ‘Practical Steps to Comply with the New Equal Employment Opportunity Commission (EEOC) Criminal Record Guidance’ at the 2013 Society for Human Resource Management (SHRM) NM Employment Law & Legislative Conference in …Continue reading "New EEOC Criminal Record Guidance Subject of Session at SHRM Conference in Albuquerque on February 25"
The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns …Continue reading "DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks"
On February 7, 2013, the California Supreme Court issued a unanimous decision in a case – Harris v. City of Santa Monica – that involved the “mixed motive” theory where the employer has both legitimate and discriminatory reasons for job actions such as termination and discipline. The Court ruled an employer can defeat an employee’s …Continue reading "California Supreme Court Ruling on Discrimination Case Involving Mixed Motive May Impact Fair Employment and Housing Claims"
Ending a two year dispute, Kaplan Higher Learning Education Corp. has won a summary judgment in a nationwide hiring discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) over Kaplan’s use of credit checks as part of its hiring process that the EEOC alleged violated Title VII due to an unlawful “disparate impact” …Continue reading "Kaplan Higher Learning Wins Summary Judgment in Nationwide Hiring Discrimination Lawsuit Filed by EEOC"
The Department of Justice (DOJ) has announced an agreement with a South Carolina-based Food Service provider to resolve allegations of violating the anti-discrimination provision of the Immigration and Nationality Act (INA) during the employment eligibility verification process that included the federal E-Verify program. Under the terms of the agreement, the Food Service provider, one of …Continue reading "Department of Justice Reaches Agreement with Food Service Provider Over Alleged Discrimination Violations with E-Verify"
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – voted 4 to 1 to update the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. According to the …Continue reading "EEOC Updates Guidance on Criminal Records to Prevent Employment Discrimination during Background Checks"
In December 2012, Pittsburgh, Pennsylvania and Wilmington, Delaware became the latest U.S. cities to join the growing “ban the box” movement when the City Council passed legislation that eliminated the check box asking about criminal history from job applications for the city. Pittsburgh joined other U.S. cities such as Boston, Chicago, Detroit, Philadelphia, San Francisco, …Continue reading "Ban the Box Movement Removing Question about Criminal Records from Job Applications Spreads Across United States"
Attorney Lester Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will present a webinar with Avant Resources to help employers maintain compliance with new U.S. Equal Employment Opportunity Commission (EEOC) Guidance for the use of criminal records. The hour long webinar, ‘How Employers Can Comply with the New EEOC Criminal Guidance,’ will take place …Continue reading "Safe Hiring Expert to Present Webinar on How Employers Can Comply with New EEOC Criminal Guidance"
A Harvard University professor who ran a statistical analysis of online ads used by an Internet data broker website that suggested certain names may have arrest records uncovered what she described as possible racial profiling when she found the company’s advertising “disproportionately” used the word “arrested” for black-identifying names even when a person had no arrest …Continue reading "Statistical Analysis of Online Ads for Internet Data Broker Website Uncovers Possible Racial Profiling"