Employment Law Spotlight

Employment Law Spotlight

Providing Developments & Insight on Trending Topics in Employment Law

Category Archives: Background Checks

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Background Check Lawsuits: If It’s Not One Thing, It’s Another

Posted in Background Checks
As we previously have written, employer use of criminal records and background checks with respect to applicants and employees has been the subject of challenge on the grounds that such checks tend to discriminate against African-American, Hispanic, and male applicants.  Indeed, on July 1, a federal court in New York certified a class of unsuccessful … Continue Reading

Background Check Forms Face Increased Scrutiny in Federal Court

Posted in Background Checks
Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. In Reardon v. Closetmaid Corporation, the district court granted summary judgment in favor of a class of more than 1,800 job applicants.  The Court ruled that the employer’s consent and disclosure form … Continue Reading

Texas Files Suit to Strike Down EEOC Background Check Guidance

Posted in Attorney General, Background Checks, Discrimination, EEOC
bigstock-Criminal-background-check-11618633-320x2131-160x106  Don’t mess with Texas. The Equal Employment Opportunity Commission (“EEOC”) usually forces employers who are subject to Title VII to play defense.  The State of Texas, however, has upended that approach.  On November 4, 2013, Texas filed a federal lawsuit that seeks to strike down the EEOC’s April 2012 Enforcement Guidance limiting employers’ use … Continue Reading

Criminal Background Checks: The Saga Continues

Posted in Background Checks, EEOC
bigstock-Criminal-background-check-11618633-320x2131-160x106In the past few weeks there have several noteworthy decisions regarding employers’ use of criminal background information to make hiring decisions.  In one case, EEOC v. Peoplemark (6th Cir., Oct. 7, 2013), the Sixth Circuit handed the Equal Employment Opportunity Commission (EEOC) a significant bill for attorneys’ and expert fees exceeding $750,000, when the court found … Continue Reading

Don’t Forget About the Fair Credit Reporting Act: Background Check Class Action Suit Filed Against Trucking Company

Posted in Background Checks, Uncategorized
bigstock-Checklist-29499917As we have noted in a number of prior posts here, here, and here, background checks can be a helpful tool for management, especially during the hiring process, but they can also be a ripe source for potential liability on a number of fronts.  While there has been a lot of attention to suits recently … Continue Reading

Court Slams EEOC on Background Check Lawsuit

Posted in Background Checks, Discrimination, EEOC, Title VII
bigstock-Criminal-background-check-11618633-320x213[1]Last week, a district court in Maryland granted summary judgment in favor of Freeman, Inc. (“Freeman”), a service provider for corporate events, with respect to a nationwide pattern and practice lawsuit brought by the U.S. Equal Employment Opportunity Commission (“EEOC”).  EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 9, 2013).  In its lawsuit, the EEOC … Continue Reading

State Attorney Generals Challenge EEOC Criminal Background Check Lawsuits

Posted in Attorney General, Background Checks, EEOC
Blog_bigstock-Young-handsome-businessman-in--45198436As we reported in our July 15, 2013 blog post, the Equal Employment Opportunity Commission (EEOC) recently filed class action lawsuits against Dollar General and BMW  challenging those employers’ use of criminal background checks.   Specifically, the EEOC alleged that Dollar General’s and BMW’s application of background check policies had a racially discriminatory impact on applicants … Continue Reading

EEOC Files Two Race-Based Class Action Lawsuits on Criminal Background Checks

Posted in Background Checks, Discrimination, EEOC
bigstock-Criminal-background-check-11618633On June 11, 2013, the Equal Employment Opportunity Commission (EEOC) filed separate class action lawsuits against two employers – Dollar General Stores and BMW – alleging that these employers engaged in racial discrimination by using criminal background checks to disqualify applicants from employment.  The BMW case filed in South Carolina has a 69-person class, and is location specific.  … Continue Reading