Posts Tagged: EEOC

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 »

Target Corporation Subject of EEOC Complaints Regarding Use of Criminal Background Checks

The Star Tribune reported last week on recent complaints to the EEOC alleging Target Corporation discriminates against applicants with criminal records. The NAACP and TakeAction Minnesota accused Target of unfair hiring practices in 10 formal complaints filed last Wednesday with the U.S. Equal Employment Opportunity Commission (EEOC). The two groups are accusing Target of denying… Read more »

Despite Rumors, Employment Credit Reports Still Not Prohibited by Federal Law

Earlier this week, a U.S. District Court in Ohio granted summary judgment to Kaplan Higher Learning Edu. Corp., et al, in a case that underscores the difficulty the EEOC faces in proving a case against employers for the discriminatory use of credit reports in the hiring process.  The EEOC filed suit against Kaplan alleging that… Read more »

3 Good Reasons to Revisit Your Employment Screening Practices

There are some very compelling reasons to take a fresh look at your employment screening programs as recent developments in the regulatory environment combine to increase the risks associated with improper hiring practices. Here are three significant trends: 1. Increased Enforcement of Criminal Records Screening Practices The EEOC’s updated guidance on the use of criminal… Read more »