U.S. employers that are not authorized by law, regulation or government contract to limit job opportunities to U.S. citizens should carefully...
MoreRacial 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...
MoreBig 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...
MoreEmployee 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...
MoreEEOC Sues Employer Who Allegedly Refused to Hire Methadone User
The Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and...
MoreThe Lessons of EEOC v. Freeman – “Know When to Hold ’em. Know When to Fold ’em.”
World-renowned poker expert Kenny Rogers once sagely advised, “You’ve got to know when to hold ’em. Know when to fold ’em...
MoreEEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks
Did you know that the EEOC requires employers to keep all personnel and employment records for at least one year? Just as importantly, to the...
MoreMedical Marijuana and Employment Discrimination in New Mexico
Although medical marijuana is now legal in twenty-three states, including New Mexico, it remains illegal under federal law. This creates a...
MoreUpdate on Certainty in Enforcement Act of 2015; H.R.548 — 114th Congress (2015-2016)
All Bill Information (Except Text) Amends equal employment opportunity requirements under the Civil Rights Act of 1964 to deem an...
MoreHold on a Minute
Although criminal histories can be among the most important for identifying potentially problematic employees, recent EEOC Guidelines elaborate on...
MoreShowdown at The Fifth Circuit Continues: Texas Gets The Last Word On Its Challenge To The EEOC’s Criminal Background Guidance
Last year the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the...
MoreFourth Circuit Deals Body Blow To EEOC Hiring Check Enforcement Litigation
The U.S. Court of Appeals for the Fourth Circuit dealt a lethal blow to the EEOC’s hiring check enforcement litigation inEEOC v. Freeman...
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