Client Portals
A federal court in Georgia rejected an employee’s claim that his termination after a positive drug test result for barbiturates was discriminatory. Roman worked in a safety-sensitive position and tested positive for phenobarbital, which is a barbiturate. Roman claimed…
Every employer in Ohio and surrounding states must now begin to develop workplace controls to fully address the legalization of marijuana in Ohio. To be most effective and legally defensible, these controls should be more expansive than simple revisions to current…
The Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit against an employer who purportedly…
A Chicago man believes Sprint violated federal law in disclosure forms it provided him before checking his credit when he was applying for a job. And since he believes the company has done the same with others, he has asked a judge to allow him to bring a class action…
A client in the hospitality industry asked whether it had to obtain parental or legal guardian consent to conduct background checks and drug screens on its minor employees. Unfortunately, many employers mistakenly use the same hiring materials regardless whether the…
A private company that operates prisons, and a consumer background reporting firm are violating federal and state fair credit laws by not providing job applicants with timely notice of reports including criminal histories that are used to deny them employment,…
New York City recently passed the Fair Chance Act (FCA), which is applicable to criminal background checks. Recently, the New York City Commission on Human Rights opined that the FCA applies to current employees (presumably when they are “applying” for a…
A Florida man is suing Waffle House claiming it unfairly used background checks and denied his employment application. William Jones filed a class action lawsuit on Oct. 1 in the U.S. District Court for the Middle District of Florida, Orlando Division against Waffle…
Discount retail chain Big Lots Stores Inc. was hit with a proposed class action suit alleging it routinely violated federal law in the way it executed background checks on employees. The suit filed in the Philadelphia County Court of Common Pleas alleges the company…
Many employers review their applicants’ Facebook and Instagram pages to get an unfiltered view of the candidates they are considering hiring. But, if you ask for applicants’ social media passwords, you could violate state law, and even limiting searches to…