Recently, the Equal Employment Opportunity Commission filed class actions against two well known employers—BMW and Dollar General—on the theory that their employee background screening programs had a disparate impact on African-Americans, in violation of Title VII of the Civil Rights Act. These cases reinforce the need for employers to revisit their background screening policies and decision-making processes.
The BWM and Dollar General class actions are important not only because they continue the three-year trend of heightened attacks on employee background checks, but also because they reflect the first attempt by the EEOC to enforce its 2012 guidance on employers’ use of criminal history information.
The EEOC’s 2012 Criminal History Guidance
As you may recall, in its 2012 guidance, the EEOC cautioned employers against maintaining a “no felons allowed” or “no convicts allowed” policy....
New Enforcement Guidance on Pregnancy Discrimination
On July 14, the Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on pregnancydiscrimination and related issues, along with a question and answer document about the updated guidance and an employer fact sheet. The updated enforcement guidance offers insight into how the EEOC will enforce the Pregnancy Discrimination Act (PDA). As expected, the guidance confirms that the EEOC will broadly interpret when pregnancy-related conditions will be considered disabilities under the Americans with Disabilities Act (ADA). Also, for the first time, the EEOC takes the position that the PDA requires employers to offer temporary light duty assignments to pregnant employees with work restrictions if the employer provides the same accommodation to non-pregnant employees who have similar work restrictions. (More)...
Responsible Federal Contracting
President Issues Executive Order on Responsible Federal Contracting
July 31, 2014, the President issued an executive order that requires companies bidding for federal contracts to disclose any recent labor law violations and allows federal agencies to consider the compliance record in deciding which bidders should receive contracts.
This move helps ensure that taxpayer dollars are spent responsibly, supporting employers who treat their workers fairly. It discourages cheating and cutting corners just to gain an unfair advantage over law-abiding competitors....
Federal Funding for Background Checks
The House recently voted 260-145 to increase federal funding to states to further enhance their reporting to the National Instant Criminal Background Check System (NICS).
Less than one week after the Isla Vista, California, shootings the House voted to increase funding by $19.5 million to support the states in their data collection and entry into the federal registry system. According to Rep. Mike Thompson (D-Calif.), who helped sponsor the amendment, it was all for good reasons....
