Tag Archives: EEOC

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

Safe Hiring Expert to Discuss Use of Criminal Convictions in Employment at 2013 ABA Annual Meeting in San Francisco

Attorney Lester S. Rosen, Founder and CEO of background check firm Employment Screening Resources® (ESR), will discuss the ‘Use of Criminal Convictions in Employment’ on Friday, August 9, 2013 for the Section of Labor and Employment Law at the 2013 American Bar Association (ABA) Annual Meeting in San Francisco, CA. The panel discussion will take place from 2:00 PM to 3:30 PM PST in Moscone Center West, Room 3007, Third Floor. For more information about the Section of Labor and Employment Law at the 2013 ABA Annual Meeting, visit http://www.americanbar.org/groups/labor_law/events_cle/abalel_annual.html. Continue reading

EEOC Guidance on Criminal Records Focuses on Employment Discrimination during Background Checks

In April 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – voted 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. The updated Guidance, which focuses on employment discrimination based on race and national origin, is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Continue reading

EEOC Chair Says Criminal Background Checks by Employers Not Banned

In a letter to the Wall Street Journal responding to the June 15, 2013 article ‘Banning Background Checks,’ Jacqueline A. Berrien, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), denied the article’s suggestion that the EEOC believes criminal background checks by employers are “racist” and that the agency wants to ban the practice. The letter to the Wall Street Journal from Chair Berrien is available at http://online.wsj.com/article/SB10001424127887323893504578555722405188406.html. Continue reading

EEOC Sends Message to Employers that Criminal Records of Job Applicants Must Be Used Carefully

In the Wall Street Journal article ‘Employment Checks Fuel Race Complaints,’ Attorney Lester Rosen, Founder and CEO of background check company Employment Screening Resources® (ESR), says the U.S. Equal Employment Opportunity Commission (EEOC) has been delivering the same message to employers since the 1980s: “Criminal records need to be used carefully, not with brute force, more as a surgical instrument.” The article, which catalogues the increased scrutiny of background checks by the EEOC, is available at http://online.wsj.com/article/SB10001424127887323495604578539283518855020.html. Continue reading

Equal Employment Opportunity Commission Files Lawsuits against Two Employers for Use of Criminal Background Checks

The U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits against two employers alleging they violated Title VII of the Civil Rights Act by implementing and utilizing a criminal background check policy that resulted in employees being fired or screened out for employment. A press release about the lawsuits – the first enforcement action against employers under the revised EEOC Guidance for using criminal records – is available at http://www.eeoc.gov/eeoc/newsroom/release/6-11-13.cfm. Continue reading

Best Practice Standards for Proper Use of Criminal Records in Hiring Addressed in New Report

A group of national civil and workers’ rights organizations has released a new report titled ‘Best Practice Standards: The Proper Use of Criminal Records in Hiring’ that addresses the use of criminal records of job applicants by employers during employment background checks. The organizations preparing the report include the Lawyers’ Committee for Civil Rights Under Law, the National H.I.R.E. Network, and the National Workrights Institute. Background screening industry consultants who helped to develop the Best Practice standards include Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), as well as Fred Giles and James Owens of CARCO Group, Inc. The full report is available at http://www.esrcheck.com/file/Best-Practice-Standards-Criminal-Records.pdf. Continue reading

Maryland Becomes Latest State to Ban the Box Asking Questions about Criminal History from Job Applications

With the signing Senate Bill 4 (SB 4) by Governor Martin O’Malley, Maryland became the ninth U.S. state to “Ban the Box” and remove questions about criminal history from state job applications while also postponing questions about criminal records of applicants until later in the hiring process.  SB 4 removes the criminal history question from state applications and defers the background check to later in the hiring process. To read SB 4, visit http://mgaleg.maryland.gov/2013RS/bills/sb/sb0004E.pdf. Continue reading

US Senate Confirms New Commissioner of Equal Employment Opportunity Commission

The U.S. Senate has confirmed Jenny Yang to serve in the post of Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination. Her term will expire on July 1, 2017.  A ‘Senate Floor Wrap Up’ for Thursday, April 25, 2013, the date of confirmation, is available at http://democrats.senate.gov/2013/04/25/senate-floor-wrap-up-for-thursday-april-25-2013/. Continue reading