Content about Equal Employment Opportunity Commission

July 12, 2013

Criminal convictions should have an expiration date and shouldn’t be considered indefinitely by employers, the Equal Employment Opportunity Commission (EEOC) indicated in a pair of lawsuits filed June 11, 2013.

Dollar General lawsuit

The EEOC also sued Dolgencorp, doing business as Dollar General, in Chicago. For 10 years Dollar General made certain types of convictions a disqualifying factor.

June 12, 2013

NEW ORLEANS -- Employers should make sure that any background check they perform is job-related and consistent with business necessity, Stephen Woods, an attorney in Ogletree Deakins’ Greenville, S.C., office, told attendees at the firm’s 2013 Workplace Strategies seminar May 9-10. The Equal Employment Opportunity Commission (EEOC), worker advocacy groups and plaintiffs’ attorneys are now giving employee and applicant credit and criminal background checks particularly intense scrutiny, he said.

January 25, 2013

As a result of a U.S. Department of Labor administrator’s interpretation (No. 2013-1) of the Family and Medical Leave Act (FMLA) on Jan. 14, employers can expect more requests from employees seeking protection under the act to care for adult children unable to care for themselves.

May 30, 2012

A former general counsel of the Equal Employment Opportunity Commission (EEOC) disagrees with its recent guidance to not ask about convictions in employment applications.

“A few jurisdictions ‘ban the box’,” that asks whether an applicant has any prior convictions, noted Don Livingston, now an attorney with Akin Gump in Washington, D.C. “In those jurisdictions, employers are barred from asking about criminal convictions at the application stage of the hiring process.”

May 18, 2012

The Equal Employment Opportunity Commission’s (EEOC) guidance on criminal background checks in hiring issued in April was necessary to update guidance last issued more than 20 years ago, according to former commission vice chair Leslie Silverman, now a partner at Proskauer Rose LLP in Washington, D.C.

May 7, 2012

By a 4-1 vote, the Equal Employment Opportunity Commission (EEOC) on April 25, 2012, approved a new guidance on criminal background checks.

Consolidating and superseding previous EEOC guidance on criminal background checks, the guidance discourages blanket exclusions of individuals who have been convicted of crimes and encourages the use of individualized assessments of whether an employer’s criminal conduct exclusion is job related and consistent with business necessity.

April 1, 2010

The Equal Employment Opportunity Commission has filed suit against Mooresville, N.C.-based Lowe’s March 30, for allegedly requiring an employee of its Morristown, Tenn., store to work on Sunday.

“Lowe's Home Centers committed religious discrimination by requiring an employee to work on his Sabbath, and by harassing and retaliating against the employee, causing him to lose hours,” the EEOC said in a release issued March 31.  

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