Posts Tagged: Title VII

Kaplan 2, EEOC 0

The intriguing results of a highly-publicized EEOC lawsuit highlight that if the EEOC is to win a judgment against an employer for disparate impact discrimination, it must use valid statistical methodology to prove “disparate impact”. This case demonstrates why that will not be easy to do. EEOC v Kaplan The EEOC recently sued Kaplan Higher Education… Read more »

Social Media Background Checks: a Pandora’s Box

Social media succeeds because it connects people with personal information. That personal information is exactly why some employers want to delve into applicants’ and employee’s social media accounts. These informal social media background checks promise the kind of unfiltered view of a person’s character you just can’t get easily. Or, does it? The fact that… Read more »

Is Background Screening Stuck Between a Rock and a Hard Place?

Employers are sometimes forced to walk a narrow line between treating applicants with criminal backgrounds fairly and minimizing hiring risks. The problem is that the employers will be held accountable if something goes wrong on either side of this path. They can be sued for negligent hiring if an employee goes berserk, and they can… 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 »

Key Takeaways from the New EEOC Guidance on Employment Criminal Records

On April 25, 2012 the EEOC issued its much-anticipated updated enforcement guidelines on employers’ use of criminal records (arrest and conviction records) in the employment screening process. Since then we’ve received many phone calls and emails asking questions about what this all means. The guidance specifically relates to Title VII of the Civil Rights Act… Read more »