EEOC Guidance on Criminal Records

EEOC Responds To Attorneys’ General Criticism Of EEOC’s “Misguided” Position On Criminal Background Screens By Gerald L. Maatman Jr. and Howard M. Wexler We previously blogged about the scathing letter sent by the chief legal officers representing the states of Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah and West Virginia to the five Commissioners of the U.S. Equal Employment Opportunity Commission (“EEOC”) blasting the EEOC on its... Continue Reading
By: Kendra Paul and Alnisa Bell We recently described here how the culmination of the Equal Employment Opportunity Commission’s (“EEOC”) aggressive enforcement of its April 25, 2012 Enforcement Guidance and numerous state and local ban-the-box laws has created a new criminal background check minefield protecting criminals at the expense of employers.  But how are employers supposed... Continue Reading
The EEOC has recently made policing the use of criminal records in the hiring process a major priority of theirs—but so far, it is not going very well. In the much-discussed EEOC v. Freeman suit, where the EEOC sued the event management company for allegedly discriminatory practices, the EEOC was scolded strongly for evidence deemed to be “laughable” and “unreliable.” View Full Post
By: Kendra Paul and Alnisa Bell Gone are the days when employers could simplify the hiring process with blanket policies requiring criminal background checks of all applicants and excluding an individual from employment based solely on a prior conviction.  Two new trends are requiring employers to rethink their blanket criminal background check policies in favor... Continue Reading
Court Dismisses EEOC’s Background Check Lawsuit Based On Its Reliance On “Laughable” And “Unreliable” Expert Report Filled Of “Errors and Analytical Fallacies” By Gerald L. Maatman Jr., Pamela Q. Devata, and Howard M. Wexler In a scathing opinion issued today in EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 9, 2013), Judge Roger Titus of the U.S. District Court for the District of Maryland dismissed a nationwide pattern or practice lawsuit brought by the EEOC (previously discussed here... Continue Reading