Tag Archives: Title VII

DOJ and EEOC Report Finds Background Checks Can Be Barrier to Advancing Diversity in Law Enforcement

 DOJ-EEOC

Written By ESR News Blog Editor Thomas Ahearn

The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have released a comprehensive report entitled “Advancing Diversity in Law Enforcement” that examines many promising practices as well as possible barriers – including criminal background checks – in recruitment, hiring, and retention for advancing diversity in law enforcement. Continue reading

Court Rules Texas May Challenge EEOC Criminal Background Check Guidance

 EEOCGavel

Written By ESR News Blog Editor Thomas Ahearn

The U.S. Court of Appeals for the Fifth Circuit has ruled in Texas v. EEOC (No. 14-10949, 6/27/16) that the Lone Star state may challenge in court the U.S. Equal Employment Opportunity Commission (EEOC) enforcement guidance on the use of criminal background checks by employers, according to a report from Bloomberg BNA. Continue reading

EEOC Increases Fines 150 Percent for Employers Violating Notice Posting Requirements

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Equal Employment Opportunity Commission (EEOC) has announced in a final rule published in the Federal Register a 150 percent increase to the monetary fine for employers who fail to follow notice-posting requirements for Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Genetic Information Non-Discrimination Act (GINA). Accordingly, the EEOC is adjusting the maximum penalty per violation from $210 to $525. This final rule is effective July 5, 2016. Continue reading

EEOC Report Reveals Focus on Systemic Discrimination

 

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Equal Employment Opportunity Commission (EEOC) has released its annual Fiscal Year 2015 Performance and Accountability Report (PAR) on activities during the past fiscal year from October 1, 2014 through September 30, 2015 that were designed to meet the priorities outlined in the EEOC Strategic Enforcement Plan (SEP) for Fiscal Years 2012-2016. Continue reading

EEOC Does Not Have to Reveal Statistical Analysis Used for Background Check Lawsuit against Dollar General

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Written By ESR News Blog Editor Thomas Ahearn

An Illinois federal judge has denied an objection by Dollar General to an earlier ruling that determined the retailer could not obtain the statistical analysis used in a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) that claimed Dollar General’s background check program kept African Americans from finding work with the company, according to a report from CookCountyRecord.com. Continue reading

Bill Seeks To Limit EEOC Guidance on Criminal Background Checks

ESR News Blogs about EEOC

Written By ESR News Blog Editor Thomas Ahearn

New legislation – The “Certainty in Enforcement Act of 2014” (H.R. 5423) – seeks to limit the current U.S. Equal Employment Opportunity Commission’s (EEOC) enforcement guidance on criminal background checks and “amend Title VII of the Civil Rights Act of 1964 to exclude the application of such title to employment practices that are in compliance with Federal regulations, and State laws, in certain areas.” The full text of H.R. 5423 – which could possibly affect EEOC guidance enforcement if passed – is available at http://www.gpo.gov/fdsys/pkg/BILLS-113hr5423ih/pdf/BILLS-113hr5423ih.pdf. Continue reading

Hearing Examines EEOC Guidance for Criminal Records

Written By Thomas Ahearn

ESR News Blogs about EEOCOn June 10, 2014, a House Committee on Education and the Workforce Subcommittee held a hearing – “The Regulatory and Enforcement Priorities of the EEOC: Examining the Concerns of Stakeholders” – that examined worries over U.S. Equal Employment Opportunity Commission (EEOC) Guidance that discourages employers from conducting criminal background checks on job applicants. An archived webcast of the EEOC hearing is available at: http://edworkforcehouse.granicus.com/MediaPlayer.php?clip_id=263. 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

EEOC Scrutinizing Hiring Practices that Unfairly Screen out Job Applicants with Criminal Records

The U.S. Equal Employment Opportunity Commission (EEOC) is scrutinizing hiring practices and believes policies that screen out job applicants with criminal records could disadvantage minorities and lead to lawsuits, according to the article ‘Ex-Convict Hire Hurdle Draws U.S. Suits Against Employers.’ The EEOC has been enforcing employment discrimination laws with lawsuits and Attorney Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), believes this is “going to be an issue that employers need to wrap their heads around” this year. The article is available on Bloomberg.com at http://www.bloomberg.com/news/2014-01-31/ex-convict-hire-hurdle-draws-u-s-suits-against-employers.html. 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