On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance. The employer sought…
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E-Verify Begins Checking Nebraska Driver’s License and ID Cards
The United States Citizenship and Immigration Services (USCIS) announced that as of February 1, 2015, the E-Verify system now checks driver’s licenses and ID cards from the state of Nebraska when presented by a new hire for the Form I-9. Nebraska is the fifth…
Medical Marijuana Update
Dr. Carolyn Clancy, the VA’s interim under secretary for health, told the House Committee on Veterans’ Affairs “there are active discussions going on now” about how to deal with the growing number of vets seeking to use medical marijuana for…
Dot Every “i” in Iowa to Comply with Drug Testing Law
Iowa Code § 730.5, which relates to private sector drug and alcohol testing, is a strict liability statute and many consider it complicated and difficult to administer. Even if an employee tests positive for illegal drugs the employer is required, among other things,…
FCRA Class Action Lawsuit Filed Against Pizza Hut
In a complaint filed January 15, 2015 in the Southern District of New York the Plaintiff – Alberto Rivera, a job applicant at a Bronx, NY location – alleges Pizza Hut violated the federal Fair Credit Reporting Act (FCRA) requirement that a “clear and…
Another FCRA Class Action Lawsuit Crafted Against Michaels
A second class action lawsuit alleging improper background checks on job applicants was filed in federal court in Texas against the retail craft supply chain Michaels Stores Inc. The plaintiff argues that Michaels violated the federal Fair Credit Reporting Act (FCRA)…
Class Action Trends in Virginia: Employment Background Reports
Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are against consumer reporting…
Advancing a Fair Chance Hiring Agenda
A January 2015 report from the National Employment Law Project (NELP) indicates that “almost one in three adults in the United States has a criminal record that will show up on a routine criminal background check. This creates a serious barrier to employment for…
FTC Shuts Down Diploma Mill Operators
The principal owners doing business as “Jefferson High School Online” and “Enterprise High School Online,” are permanently banned from marketing and selling academic degrees under settlements with the Federal Trade Commission. Defendants led…
When, If Ever, Does Employment Discrimination Against Ex-Offenders Violate Title VII?
Title VII of the 1964 Civil Rights Act prohibits public and private employers from discriminating against job seekers on the base of race, ethnicity, religion or gender, unless the employer can demonstrate a business necessity. These discriminations are widely…