California’s Fair Employment and Housing Council (FEHC) has finalized new regulations further limiting an employer’s ability to consider criminal history when making employment decisions. The regulations will take effect in July and follow the Equal Employment…
Posts by Category: EEOC
California Employers Are Subject to New Requirements When Using Criminal History Information
The release of the Equal Employment Opportunity Commission’s (EEOC) “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” outlines best practices for employers to follow…
District of Columbia Mayor Signs Law Restricting Employers from Using Credit Information in Employment Decisions
Mayor Muriel Bowser signed a bill prohibiting, with limited exceptions, employers’ use of or obtaining a job applicant’s or employee’s credit information for employment purposes. The prohibition does not apply to certain law enforcement and financial positions, among…
Case Alleging That Hair Follicle Drug Testing Has Disparate Impact on African-Americans Allowed to Proceed
When the City of Boston conducted hair follicle drug testing on thousands of police officers, cadets and job applicants, the results demonstrated a 1 percent difference in negative results for Caucasian employees over African Americans. A group of African American…
Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions
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…
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…








