Archives: EEOC

State Attorney Generals Challenge EEOC Criminal Background Check Lawsuits

By Melissa Siebert on July 29, 2013 Posted in Background Checks, EEOC

As 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

By Melissa Siebert on July 15, 2013 Posted in Background Checks, Discrimination, EEOC, Retail

On 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

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

By Scott McIntyre on July 9, 2013 Posted in EEOC, Retaliation, Supreme Court

Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline. In fact, the number of employee retaliation claims filed with the EEOC has nearly doubled in the past 15 years, and the law continues to create new opportunities for these kinds of claims. But … Continue Reading