Rolling Background Checks Are On the Rise

Announcements, Background Checks, Criminal Background Checks, Equal Employment Opportunity Commission, Policy Updates & Changes

Background checks in the workplace are no longer exclusive to potential new hires. According to Bloomberg, the screening industry has seen recent explosive growth in background checks for existing workers. In light of the ongoing #MeToo movement which spread virally last year demonstrating the widespread prevalence of sexual assault and harassment, especially in the workplace…

St. Louis County Enacts “Ban The Box”

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

Currently, more than 150 cities and counties nationwide as well as 32 states have passed ban-the-box legislation, delaying questions about the criminal records of job applicants until later in the hiring process. Of those states, eleven have required the removal of criminal history questions from job applications for private employers. On June 11, St. Louis…

Two Large Employers Settle Class Action Suits Alleging Violation of FCRA’s “Stand Alone” Requirement

Background Checks, Employment Law & Verdicts, Equal Employment Opportunity Commission, Hiring, Lawsuits

Two large companies have recently agreed to pay out millions of dollars in a settlement over class action lawsuits for alleged violations of the Fair Credit Reporting Act’s authorization and disclosure requirements. Frito-Lay Inc. has agreed to pay $2.4 million to settle a class action lawsuit alleging it violated the FCRA in its use of…

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…

EEOC GOES HOLLYWOOD: COMMISSION TO PROBE GENDER DISCRIMINATION AGAINST FEMALE DIRECTORS

Discrimination, Employment Law & Verdicts, Equal Employment Opportunity Commission, Interesting Reading, Legislature

“Several women directors say that they have received notices from the Equal Employment Opportunity Commission asking to set up interviews in an apparent start to an investigation over gender discrimination in Hollywood. According to a copy of the letter obtained by Variety, the EEOC is asking directors to speak with them so that “we may learn…

CALIFORNIA ACTS TO OUTLAW PRE-EMPLOYMENT MANDATORY AGREEMENTS TO ARBITRATE LABOR CODE CLAIMS

Announcements, Employment Law & Verdicts, Equal Employment Opportunity Commission, Interesting Reading, Job Success, Lawsuits, Legislature, Policy Updates & Changes

“In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy starting January 1, 2016. AB 465 would create a new statute that prohibits employers from requiring a candidate to “waive any legal right, penalty,…

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,…

TRUCKING FIRM TO PAY UP IN EEOC PRE-EMNPLOYMENT EXAM CASE

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

“An Indianapolis trucking firm has agreed to pay $200,000 to settle an Equal Employment Opportunity Commission disability discrimination case, in which it was charged with requiring pre-employment medical exams. The EEOC said Tuesday that Indianapolis-based Celadon Trucking Services Inc. violated the Americans with Disabilities Act by subjecting applicants to medical exams before making a conditional…

SEC CLARIFIES WHISTLE BLOWER PROTECTIONS AGAINST EMPLOYER RETALIATIONS

Discrimination, Employee Fraud, Employment Law & Verdicts, Equal Employment Opportunity Commission, Hiring, Interesting Reading, Job Success, Legislature, Policy Updates & Changes, Productivity, Workplace Violence

“The Securities and Exchange Commission has issued an interpretive rule clarifying that whistleblowers are protected by retaliation by employers even if they have not reported their concerns to the SEC first. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 included a section offering incentives and protections to individuals who report possible violations of 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…