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Employment Discrimination › Employment Litigation › Conditional Job Offers

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Quarles & Brady LLP

Wisconsin Supreme Court Clarifies When a Conviction is Substantially Related to An Individual’s Employment

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In a case in which Quarles & Brady’s Bob Duffy and Lindsey Davis were honored to represent Cree, Inc. (“Cree”), on March 10, 2022 the Wisconsin Supreme Court provided long awaited and important guidance concerning when an...more

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

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Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

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Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Seyfarth Shaw LLP

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

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Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

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On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Akerman LLP - HR Defense

Court Says Employer Cannot Refuse to Hire Based on Medical Marijuana Use

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A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more

Littler

Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues

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Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. Following a multi-million dollar settlement by a leading retailer earlier this year, a recent...more

Littler

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

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Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

Seyfarth Shaw LLP

Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

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Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more

Akerman LLP - HR Defense

Is The EEOC’s Background Check Guidance In Jeopardy?

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Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

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In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Sheppard Mullin Richter & Hampton LLP

“Ban the Box” and Background Checks – Recent Trends and Movements

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Retailers and other employers regularly consider the backgrounds of job applicants and employees when making personnel decisions. It is not illegal for employers to ask questions about an applicant’s criminal history, or to...more

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