Crothall Services Group, Wayne, Pa., admitted it had used criminal history background assessments in its hiring decisions. But, according to the U.S. Equal Opportunity Commission (EEOC), failing to keep adequate records on the impact those assessments had on…
Posts by Category: EEOC
EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users
Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each year,” and that he was taking more steps to…
Prescribed Drugs Blur Policies
With America in the throes of a prescription drug crisis, employers face the liability for failing to accommodate an employee’s use of legally prescribed medications. In Georgia, the Equal Employment Opportunity Commission recently sued a Georgia medical center…
Staffing Company to Pay $175,000 Over Discrimination Claims
San Diego staffing company Eastridge Workforce Solutions recently resolved allegations with the Department of Justice after new hires faced discriminatory practices while completing work authorization verification requirements, such as E-verify cases and filling out…
Use of Big Data Has Implications for Equal Employment Opportunity
The use of Big Data to make hiring and other employment decisions will continue to grow in its use and scope. At a recent meeting, however, Commissioner Victoria A. Lipnic stressed the importance of how laws may affect the technology-driven workplace. A professor at…
New Proposed Rule Reflects Increase In I-9 Anti-Discrimination Enforcement
On August 15, 2016, the Department of Justice published a proposed rule which promises to make several important changes to the agency’s investigation and prosecution of I-9 related discriminatory activities. As many HR managers are now acutely aware, the Department…
Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims
U.S. employers that are not authorized by law, regulation or government contract to limit job opportunities to U.S. citizens should carefully review their recruitment practices and advertisement templates to ensure that the above prohibited language or limitations are…
Racial Profiling in Hiring: A Critique of New “Ban the Box” Studies
Two recent studies claim that “ban the box” policies enacted around the country detrimentally affect the employment of young men of color who do not have a conviction record. The nation cannot afford to turn back the clock on a decade of reform that has created…
Big Data, Background Checks, and Discrimination
The White House released a report to herald its focus on discrimination in “big data” assisted personnel screening algorithms. The report explained that screening algorithms may use factors that are correlated with protected categories to automate a discriminatory…
Employee Failed to Show that Positive Drug Test Result For Barbiturates Was Discriminatory
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…