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by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]
By Richard Lehr During the past several years, the Equal Employment Opportunity Commission (EEOC) has increased its focus on employers’ use of background check information, particularly arrest and conviction records. On April 25, the EEOC issued its revised “Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the […]
The Equal Employment Opportunity Commission (EEOC) has released new guidance related to employers’ use of applicant and employee arrest and conviction information. The new guidance, approved in a 4-1 vote during a meeting on April 25, includes information on how an employer’s use of an individual’s criminal history in making employment decisions could violate the […]
by Tim Murphy In 2010, the Massachusetts Legislature made sweeping changes to the statute governing employers’ use of Criminal Offender Record Information (CORI). In addition to prohibiting employers from asking about an applicant’s criminal history on the job application, the amendments called for additional changes to the way employers access CORI data and how they […]
By Kara E. Shea Employers are understandably hesitant to hire an applicant with a criminal history. There are good reasons to exercise caution ― employers face considerable exposure for workplace violence committed by employees. The U.S. Department of Labor‘s Occupational Safety and Health Administration regularly cites employers that have failed to enact adequate safeguards against […]