Tag Archives: Title VII

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

Background Check Expert Lester Rosen Speaks about EEOC Compliance in Paycor Webinar November 5

Attorney Lester Rosen, Founder and CEO of background check firm Employment Screening Resources® (ESR), will speak about compliance with the U.S. Equal Employment Opportunity Commission (EEOC) guidance for the use of criminal records by employers when hiring in a webinar sponsored by leading HR and payroll software provider Paycor on Tuesday, November 5, 2013 at 2:00 p.m. ET. To register for the webinar, click here or visit http://www.paycor.com/paycor-webinars. 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

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

Kaplan Higher Learning Wins Summary Judgment in Nationwide Hiring Discrimination Lawsuit Filed by EEOC

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” on Black applicants. The full summary judgment in the case of EEOC vs. Kaplan is available at http://www.esrcheck.com/file/EEOCvsKaplan_SummaryJudgment.pdf. Continue reading