Tag Archives: background checks

Giving your international HR team the Edge – new features in SPB’s employment information platform

In April we posted a fairly shameless plug for our new labour and employment product, Global Edge. Shameless, but justified.  If you have international HR responsibilities (in the traditional sense of “will be blamed if anything goes wrong in your overseas network“) then you should really take a look https://www.employmentlawworldview.com/spb-launches-ground-breaking-reference-tool-for-international-hr-and-legal-teams/. Global Edge will provide you … Continue Reading

Freeman’s Background Check Win Has Little to Do with Background Checks, Everything to Do with EEOC Experts.

The EEOC has pushed hard in recent years to curb employer use of background checks in hiring decisions (see our blog post here).  In 2009, the EEOC filed suit against Freeman, a national provider of integrated services, alleging that Freeman relied on credit and criminal background checks that caused a disparate impact on black and … Continue Reading

The EEOC Loses The Statistical Battle Trying To Prove Disparate Impact Against Employers Using Background Checks in Hiring Decisions

On January 28, 2013, the Northern District of Ohio granted Defendant Kaplan Higher Education’s motion for summary judgment in EEOC v. Kaplan Higher Education Corp. The Court dismissed the matter because the EEOC failed to meet its burden of proving that Kaplan’s use of background checks had a “disparate impact” on minority applicants. In the case, … Continue Reading

Background Checks and Credit Reports Continue To Provide Fodder For Class Action Lawsuits

On July 23, 2012, Plaintiff, Chiquita M. Warren filed a punitive class action against Defendant, Green Mountain Coffee Roasters, Inc., alleging the company used unauthorized consumer reports to reject otherwise qualified applicants, in violation of the Fair Credit Reporting Act (“FCRA”). Warren v. Green Mountain Coffee Roasters, Inc., Case No. 212-CV-404, E.D. Va., Norfolk Division, … Continue Reading

The EEOC’s New and Improved (or at least more detailed) Enforcement Guidance on Arrest & Conviction Records

As promised in a previous post, the Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance concerning the use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended. The EEOC decided to update its policy statements after twenty-plus years because the rise of … Continue Reading

EEOC’s Guidance on Background Checks

In response to mounting concern over the use of criminal records and credit reports to screen potential employees, Commissioner Victoria Lipnic of the Equal Employment Opportunity Commission (EEOC) announced on March 13, 2012, that the EEOC is “likely” to issue new guidance to employers on the use of both criminal history and credit background checks … Continue Reading

A Reflection on California’s New Employment Laws, Part III

As previously reported here, new laws signed by the Governor will become effective beginning January 1, 2012, and employers should be aware of these new legal requirements including the following: Assembly Bill 1136: IIPP Update for Health Care Facility Employers (Effective Jan. 1, 2012):  AB 1136 [pdf] requires a health care facility employer to update … Continue Reading