Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Background Checks

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Will “ban the box” backfire?

Posted in Affirmative Action, Background Checks, Discrimination
Ever since the Equal Employment Opportunity Commission updated its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions in 2012, many state and local jurisdictions have adopted laws limiting employers’ ability to inquire about applicants’ criminal histories. And many employers not covered by those laws are voluntarily adopting policies against considering criminal information… Continue Reading

Applicant tracking and the EEOC: “You can SUE us for that?”

Posted in Affirmative Action, Background Checks, Discrimination
Did you realize that the Equal Employment Opportunity Commission can sue you just for (allegedly) lousy recordkeeping? No discrimination, no harassment, no retaliation — just (alleged) failure to keep adequate records. Well, it’s true. Back in 2010, the agency was investigating whether Crothall Services Group’s use of criminal background checks and criminal history in making… Continue Reading

Straight from the source: EEOC’s 10 hottest litigation trends

Posted in Americans with Disabilities Act, Background Checks, Class actions, Discrimination, Harassment, Pregnancy, Retaliation, Settlements, Telecommuting
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference. The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez – who… Continue Reading

Holy legal fees, Batman!

Posted in Background Checks
The Equal Employment Opportunity Commission has been ordered to pay $938,771 in attorneys’ fees to Freeman after getting its clock cleaned in that lawsuit it filed over background checks and disparate impact based on race and ethnicity. (Freeman had asked for more than $1.5 million.) In better news for the EEOC, it settled its background-check case… Continue Reading

The on-air shootings at WDBJ-TV: When bad things happen to good employees

Posted in Background Checks, Violence
What could WDBJ7-TV have done to prevent Wednesday morning’s tragic on-air murders? Unfortunately, probably not a thing. I’m a second-guesser, and I have spent much of the last 48 hours racking my brain about what the CBS affiliate in Roanoke, Virginia, could have done differently. Based on what I’ve been able to discern, the station did everything… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading