Posts Tagged: EEOC

Ban the Box Momentum Claims San Francisco

In the past week the San Francisco County Board of Supervisors passed an aggressive version of Ban the Box legislation. This new ordinance would go beyond many similar laws to include private businesses, and it explicitly incorporates provisions taken from the 2012 EEOC guidance on the use of criminal records in hiring. The “Fair Chance”… Read more »

Your Candidate Has a Criminal Record. Now What?

Did you know that fully 1 in three Americans has a criminal background of some kind? Given that frequency, it is almost certain that an employer who conducts background checks as part of the hiring process (90% of employers do) will find applicants with criminal records. If employers used this background information to exclude anyone… 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 »

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 Takeaway for Employers from JB Hunt’s EEOC Settlement

The recent EEOC filing of race discrimination for employment practices against JB Hunt Transport, Inc., one of the largest freight companies in America, is clearly bad news for JB Hunt and those impacted by what may have been discriminatory practices. But its settlement of these charges in late June may provide a worthwhile blueprint for… Read more »

EEOC Sues for “Disparate Impact” Discrimination in Companies’ Use of Criminal Background Checks

In what may amount to test cases based on its revised guidelines for the use of criminal background checks in hiring, the EEOC has filed discrimination lawsuits against BMW and Dollar General for employment practices.  Employers who have not modified background screening and HR policies to reflect these revised guidelines are wise to pay attention…. Read more »

The Why, What, and When of Individualized Assessments

About one year ago, on April 25, 2012, the EEOC issued revised enforcement guidelines on the use of criminal records in hiring decisions in compliance with Title VII of the 1964 Civil Rights Act. The big deal in the revisions was the recommended use of individualized assessments (IA) in hiring situations where a criminal record… Read more »