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…
Posts by Category: EEOC
The 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. Know when to walk away.” In the EEOC v. Freeman opinion, the court explained the company, Freeman, held the royal…
EEOC 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 extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex,…
Medical 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 challenging legal landscape for employers who want or need to drug test employees, but do not want to expose themselves to…
Update 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 employer’s, labor organization’s, employment agency’s, or joint labor management committee’s consideration or use…
Hold on a Minute
Although criminal histories can be among the most important for identifying potentially problematic employees, recent EEOC Guidelines elaborate on the use of criminal histories in hiring practices, and should not be ignored. These guidelines have made it incumbent…
Showdown 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 EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under…
Fourth 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, No.13-2365 (4th Cir. Feb. 20, 2015). The decision affirms a summary judgment ruling by Judge Roger Titus of the U.S….
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…
Role Reversal! EEOC Must Disclose its Own Background Check Policy to the Employer it’s Suing
The EEOC has been ordered by a federal court to turn over its own background check policy to an employer whom it is suing for a criminal background check policy that allegedly had a disparate impact on black employees. The employer had moved to compel to produce…