BEST PRACTICES FOR COMPLYING WITH NEW YORK CITY FAIR CHANCE ACT

Background Checks, Credit Checks, Criminal Background Checks, Discrimination, Equal Employment Opportunity Commission, Hiring, Interesting Reading, Job Success, Lawsuits, Productivity

“Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law.  As many employers are aware, effective October 27, 2015, the Fair Chance Act amends the New York City Human Rights Law to prohibit most employers from inquiring about criminal…

BMW SETTLES EEOC CRIMINAL BACKGROUND CHECK SUIT FOR 1.6 MILLION

Background Checks, Criminal Background Checks, Discrimination, Employment Law & Verdicts, Equal Employment Opportunity Commission, Hiring, Interesting Reading, Job Success, Lawsuits, Legislature, Productivity

“BMW Manufacturing Co. L.L.C. will pay $1.6 million to settle a U.S. Equal Employment Opportunity Commission lawsuit that charged it was liable for race discrimination in connection with its former criminal background checks policy, which allegedly disproportionately affected African-Americans, the agency said Tuesday. The 2013 lawsuit filed in U.S. District Court in Spartanburg, North Carolina,…

UBER BACKGROUND CHECKS MISSED CRIMINAL RECORDS

Background Checks, Criminal Background Checks, Employee Fraud, Employment Law & Verdicts, Job Success, Lawsuits, Legislature, Productivity, Sex Offenders

“The background-check service that ride-hailing company Uber uses to screen potential drivers did not flag the criminal records of 25 drivers who gave thousands of rides to customers in Los Angeles and San Francisco, prosecutors said Wednesday. The findings were made public in an amendment to a consumer protection lawsuit filed last year by the district attorneys…

ANOTHER CIRCUIT COURT RULES PAID SUSPENSION IS NOT ADVERSE EMPLOYMENT ACTION FOR TITLE VII

Criminal Background Checks, Discrimination, Employee Fraud, Employment Law & Verdicts, Interesting Reading, Job Success, Lawsuits

“Addressing an issue of first impression, the federal Third Circuit Court of Appeals (which covers Delaware, New Jersey and Pennsylvania), recently held that an employee’s suspension with pay is not an adverse employment action for purposes of Title VII. In doing so, the Third Circuit has joined several of its sister Circuits across the country, including the…

SCOTUS HOLDS THAT EEOC CONCILIATION EFFORTS ARE SUBJECT TO LIMITED JUDICIAL REVIEW

Announcements, Criminal Background Checks, Discrimination, Employment Law & Verdicts, Equal Employment Opportunity Commission, Interesting Reading, Lawsuits, Legislature

I. Procedural Background and Party Positions “After investigating a gender discrimination claim against Mach Mining, the EEOC determined that reasonable cause existed to believe that the company had engaged in unlawful hiring practices. The EEOC sent a letter inviting Mach Mining and the claimant to participate in informal conciliation proceedings. About a year later, the…

TSA BACKGROUND CHECKS PASS 73 PEOPLE WITH POSSIBLE TERRORIST TIES

Background Checks, Criminal Background Checks, Employee Fraud, Hiring, Interesting Reading, Job Success, Lawsuits, Productivity, Workplace Violence

“ Background checks by the Transportation Security Administration cleared 73 people for access to secure airport areas even though their names were on a federal database of possible terrorists, a senior official told a Senate committee Tuesday. The latest security lapse came to light as John Roth, the inspector general at the Department of Homeland Security,…

New York City Bans Employers from Considering Consumer Credit

Criminal Background Checks, Discrimination, Employment Law & Verdicts, Equal Employment Opportunity Commission, Hiring, Interesting Reading, Legislature

“On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill barring employers in New York City from discriminating against employees and applicants based on their consumer credit histories. The exceptions to this new law are much more limited than the exceptions found in similar laws in other states. New York…

CONGRESS AND BUSINESS LEADERS DEBATE PASSING THE LEGAL WORKFORCE ACT

Background Checks, Criminal Background Checks, Employment Law & Verdicts, Hiring, Legislature

“Business leaders testified in Washington D.C. on Wednesday to discuss whether employers should legally be forced to use the federal employment verification system known as E-Verify. By comparing employee information to federal data, E-Verify seeks to prevent employers from hiring illegal immigrants. Now lawmakers and business leaders have gathered to discuss whether the House should…