Tag Archives: Workplace discrimination

EEOC Sues Con Edison for Allegedly Requiring Job Applicants to Submit to Medical Exams and Provide Genetic Information

Written By ESR News Blog Editor Thomas Ahearn

On September 27, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – filed a complaint against Consolidated Edison Inc. (Con Edison or Con Ed) that “accused the utility of improperly requiring job applicants to submit to medical examinations and provide genetic information of family members before being hired,” according to a report from Reuters. Continue reading

White House Budget for FY 2018 Includes Proposal to Merge OFCCP into EEOC


Written By ESR News Blog Editor Thomas Ahearn

On May 23, 2017, the White House Office of Management and Budget (OMB) released its proposed BUDGET OF THE U. S. GOVERNMENT: A New Foundation For American Greatness for Fiscal Year (FY) 2018 that included in the Appendix of the proposed Department of Labor (DOL) budget a proposal to merge the Office of Federal Contract Compliance Programs (OFCCP) into the U.S. Equal Employment Opportunity Commission (EEOC) to create “one agency to combat employment discrimination.” Continue reading

EEOC Discrimination Charge Filed Against Department Store Chain Over Criminal Background Check Policies and Practices


Written By ESR News Blog Editor Thomas Ahearn

On May 15, 2017, employment law firm Outten & Golden LLP filed an Equal Employment Opportunity Commission (EEOC) charge on behalf of The Fortune Society against Macy’s, Inc. claiming “the retailer’s criminal background check policies and practices used to screen job applicants results in discrimination in violation of federal and local laws,” according to a press release from Outten & Golden LLP. Continue reading

EEOC Examines Current State of U.S. Workforce and Future Demand for Jobs


Written By ESR News Blog Editor Thomas Ahearn

On April 5, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting at the agency’s headquarters in Washington, D.C., where experts examined the current state of the workforce in the United States and what jobs may be in future demand, according to a press release from the EEOC. Continue reading

Report Suggests Ways to Improve Ban the Box Policies to Help Prevent Racial Discrimination

 ban the box

Written By ESR News Blog Editor Thomas Ahearn

A research report released by the nonprofit Urban Institute in February 2017 – ‘Ban the Box and Racial Discrimination: A Review of the Evidence and Policy Recommendations’ – suggests “Ban the Box” policies that remove questions on job applications requiring applicants to disclose their criminal history may be improved with policy additions to support equal employment opportunity laws that help prevent racial discrimination. Continue reading

Research Suggests Ban the Box Policies May Unintentionally Harm Minority Job Seekers


Written By ESR News Blog Editor Thomas Ahearn

Research on Ban the Box (BTB) policies issued in July 2016 suggests that jurisdictions in the United States that adopted Ban the Box policies preventing employers from conducting criminal background checks until late in the hiring process to improve employment opportunities for job seekers with criminal records and reduce racial disparities in the workforce may unintentionally harm minority applicants. Continue reading

Social Media Use in Workplace Raises Employment Discrimination Concerns

Written By Thomas Ahearn

home-applicant-generated-report-systemA panel of experts has told the U.S. Equal Employment Opportunity Commission (EEOC) that the growing use of social media by employers, applicants, and employees in today’s workplace may implicate and impact the federal laws prohibiting discrimination in employment that the EEOC enforces. A press release about the Social Media Commission meeting convened at EEOC Headquarters in Washington, D.C. to gather information is available at http://www.eeoc.gov/eeoc/newsroom/release/3-12-14.cfm. Continue reading

California Supreme Court Ruling on Discrimination Case Involving Mixed Motive May Impact Fair Employment and Housing Claims

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 claim for damages in a discrimination case by proving with a preponderance of evidence it would have terminated the employee anyway for lawful reasons.  The ruling on Harris v. City of Santa Monica is available at http://www.courts.ca.gov/opinions/documents/S181004A.PDF. Continue reading

EEOC Alleges Criminal Background Check Policy of Discount Retailer Violates Civil Rights Act of 1964

The U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – has alleged that the criminal background check policy of Dollar General Corp., one of the largest discount retailers in the U.S. with over 10,000 stores in 40 states, has a ‘disparate impact’ on African-American job candidates and employees and violates of the Civil Rights Act of 1964. A full report on the story, a prime example of how criminal background checks by employers are coming under greater scrutiny by the EEOC, is available on the Nashville Business Journal website at: http://www.bizjournals.com/nashville/news/2012/09/10/dollar-generals-use-of-criminal.html. Continue reading

Department of Labor Issues Training Letter to Job Banks on New EEOC Guidance for Criminal Records

The U.S. Department of Labor’s Employment and Training Administration (ETA), in conjunction with the Civil Rights Center (CRC), has issued a Training and Employment Guidance Letter (TEGL) to public Job Banks and other “covered entities” on complying with nondiscrimination provisions that include new Equal Employment Opportunity Commission (EEOC) Guidance on criminal record restrictions and disparate impact based on race and national origin. The ‘TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 31-11’ is available at: http://wdr.doleta.gov/directives/corr_doc.cfm?docn=9230. Continue reading