Posts By: Michael Gaul

Texas Sues EEOC Over Criminal Background Check Guidance

The state of Texas has become the most recent important actor to challenge the EEOC’s interpretation of employment law under Title VII of the 1964 Civil Rights Act.  Texas Attorney General Greg Abbott filed a lawsuit on November 4th seeking “declaratory and injunctive relief against the Equal Employment Opportunity Commission…and its recently promulgated ‘enforcement guidance’.” In… Read more »

The Employment Screening Process: A Bird’s Eye View [Infographic]

Now more than ever, employers are urged to define and use an employment background screening process that is fair to candidates, passes muster with the EEOC, and also mitigates employment risks. We realize this is far easier said than done, especially given the loosely-defined guidelines of the EEOC. Our latest infographic helps to pull the… Read more »

Target Corporation Bans the Box. Should Your Organization?

Minnesota employee advocates are claiming a victory over the Target Corporation, the nation’s second-largest retailer, based on a Huffington Post article published on October 29th. In that article, the Huffington Post reports that Target will “stop asking prospective employees about their criminal records in initial job applications.” As you may know, this policy is a… Read more »

EEOC Defends Guidance on Use of Criminal Records in Hiring

The Equal Employment Opportunity Commission (EEOC) issued a letter August 29th that defends its use of the concept of “disparate impact” in combating employment discrimination. The letter was in response to a challenge from the Attorneys General of nine states that called the EEOC position “An Attack on Criminal Background Checks in the Hiring Process”… Read more »

Study Finds Retail Employee Theft on the Rise

You may have heard that crime rates have gone down in the past couple decades, but recent results from an annual survey on retail employee theft, performed by Jack Hayes International, may debunk such wishful thinking. The survey found that internal employee theft rose sharply in 2012 as compared to previous years, with an estimated one out of… Read more »

Court Rules Against EEOC in ‘Disparate Impact’ Case

In a stunning setback to the credibility of the EEOC’s enforcement of employers’ use of credit and criminal records, on August 9th, Judge Roger Titus of the U.S. District Court for Maryland dismissed the nationwide pattern or practice lawsuit brought by the EEOC against Freeman, Inc. The EEOC had alleged the corporate events service provider unlawfully… Read more »

The Hidden Impact of ‘Disparate Impact’

If you have been following our posts about disparate impact, you are familiar with the fact that the EEOC has stepped up efforts to enforce rules around employment discrimination based on it. Disparate impact may occur when a company’s employment policies have disproportionate “adverse impact” on members of a protected class under Title VII of… Read more »

[Infographic] 5 Key Areas of Human Capital Risk

Human capital risk, defined as the gap between the goals of the organization and the skills of its workforce, stems from many sources. Organizations depend on small or large groups of individuals—each related to one another through a division of labor, with each person’s work intended to contribute to achieving the organization’s overall goals. In… Read more »