Archive for the Equal Employment Opportunity Category

Are background checks creating “a large, miserable underclass of people?”

Are background checks creating “a large, miserable underclass of people?”

Ouch! “You are a proponent of having a large, miserable underclass of people who are excluded from having their basic needs met through employment.”

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Implicit Bias, Employee Selection, and Employment Criminal Background Checks

A Wall Street Journal column on employment background checks reinforces what I’ve shared with employers for years: a well-reasoned background screening policy included as a part of a solid sourcing and selection process benefits everyone, including job seekers in protected classes. It’s bad enough that the Obama administration is using dodgy […]

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Criminal History Background Checks: Discrimination or Risk Management?

Criminal History Background Checks: Discrimination or Risk Management?

In July, I spoke at the Texas Employment Relations Symposium in San Antonio sponsored by the Texas Association of Business and SHRM Texas State Council. This is one of the finest single-day employment law conferences in the state. (Full disclosure: I sit on both organizations’ boards.) My presentation was […]

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EEOC Sues BMW and Dollar General for Criminal History Discrimination

On June 11, 2013, the EEOC filed separate Title VII disparate impact claims against BMW Manufacturing and Dollar General. In the BMW case, the EEOC claims that BMW’s requirement that their logistics provider (basically, a contract staffing firm) follow BMW’s criminal history guidelines makes BMW a joint employer. […]

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State-mandated Employment Eligibility Limitations May Put Employers in EEOC’s Crosshairs

The issue of how to apply state law under 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 is a significant issue because the EEOC makes clear […]

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Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

Yet another hair-brained suit by the EEOC gets batted down by the courts. A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation’s random alcohol testing of probationary employees at one of the company’s most safety sensitive facilities. The Court’s […]

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The Legal & Regulatory Landscape for Employment Background Screening

Employers’ use of background investigations, particularly criminal record information, is under scrutiny and, in some cases, restriction from all levels of government. This recent attention is driven by four main concerns: Continued high rates of unemployment among previous criminal offenders, which many believe increases former offenders’ likelihood […]

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Slides and Notes for my EEOC Criminal History Guidance Webinar Now Available

After conducting three webinars about the EEOC’s April 25th guidance document and trading innumerable emails and phone calls with clients, friends, and colleagues, I’m finally at a place where I feel comfortable releasing the Gospel According to Coffey on this topic – which is to say that […]

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The New EEOC Guidance: The Sky Isn’t Falling

On April 25th, the Equal Employment Opportunity Commission issued new “enforcement guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964.” This is the first guidance on this topic issued by the EEOC in more […]

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Second EEOC Guidance Webinar Added

The new but as yet unpublished EEOC enforcement guidance is getting a lot of attention. So much so that we’ve added a second webinar to review the guidance once it is published. I discussed with attorneys and HR pros what may be included at the Fort Worth Human […]

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