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…
Posts by Category: Transportation Industry Hiring
Pilot Accused of Three Murders Had Criminal Record Prior to Being Hired to Fly
Former U.S. Army and Army Reserve veteran and PSA Airlines pilot Christian Richard Martin had been found guilty of assault on a child under the age of 16 in 2016 before he was hired by parent company American Airlines. He now is accused of the 2015 murder of three…
How to Ward Off the Rising Number of Background Check Class Actions Summary
Companies are increasingly faced with class actions for alleged violations of the Fair Credit Reporting Act (FCRA). FCRA claims related to background checks have grown since last year. Most companies perform background checks on employees as part of the employment…
Employers Prevail in FCRA Class Actions
In Lewis v. Southwest Airlines, the plaintiff asserted classwide and “willful” violations of the Fair Credit Reporting Act’s disclosure requirement and corresponding violations of California’s fair credit reporting act. The court reasoned that…
Get Out of Your Checkbook: What Legalized Marijuana is Going to Cost
According to a 2016 Gallup poll, more than 60 percent of Americans support the legalization of marijuana, the highest approval rating in its 47-year history. In 2010, two out of every five of the $249 billion spent on alcohol in the United States were paid by federal,…
Drug Panels and SAMHSA Requirements
About 33 states and municipalities in the United States have some sort of drug testing law. These laws often refer to the Substance Abuse and Mental Health Administration (SAMHSA) regulations or the Department of Health and Human Services (DHHS) regulations….
The Use of Hair Testing in the Transportation Industry
More than 70 percent of all of the freight tonnage moved in the U.S. goes on trucks, an industry that must be focused on safety. It has even regulated its own industry by proposing and initiating numerous safety improvements. The inclusion of hair as an alternative…
Workplace Alcohol Testing: Some States Defer to the Federal Standards
Although not all state drug testing laws include provisions for alcohol testing, many states defer to the federal standards and require workplace alcohol tests to be conducted in accordance with the Substance Abuse and Mental Health Services Administration guidelines…
NY Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History
In Griffin v. Sirva, Inc., the U.S. Court of Appeals for the Second Circuit was asked to determine whether Section 296(15) of the New York State Human Rights Law (NYSHRL) is limited to a party’s employer and if so, can the coverage extend to other related entities? In…
Court Certifies Three Classes in Action Challenging WMATA’s Criminal Background Check Policy
After receiving a contingent job offer as a bus operator with the Washington Metropolitan Area Transit Authority (WMATA) in 2013, Erick Little disclosed information about a 1987 drug conviction. Little would have been just 19 at the time of the 26-year-old drug…