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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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…