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EEOC Position on Criminal Background Checks Rejected Again

On August 15, 2013 by Schnader in

By Scott J. Wenner In a 2009 action brought as a precursor to the EEOC’s 2012 Guidance on criminal background checks, the agency challenged the practices of an employer that selectively utilized criminal and credit background checks in the hiring process. This “pattern and practice” case, brought in the District of […]

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OFCCP Directive Warns Against Blanket Criminal Record Exclusions for Applicants

On February 8, 2013 by Schnader in

By Scott J. Wenner With the signing of the Office of Federal Contract Compliance Programs’ (OFCCP) Directive No, 306, Director Patricia Shiu is taking aim at government contractors that exclude all job applicants who have a criminal record. The directive bootstraps onto the Equal Employment Opportunity Commission’s (EEOC) April 25, 2012 […]

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Requiring Medical Disclosure to Excuse Absence Still a Gray Area for Employers Despite EEOC’s Headline Grabbing Settlement with Retailer

On December 28, 2012 by Schnader in

By Scott J. Wenner Earlier this year we analyzed a decision of the U.S. District Court for the Southern District of California in EEOC v. Dillard’s, Inc. that found presumptively unlawful an absenteeism policy that was not unusual. (Our analysis was published in the September 2012 edition of Employee Benefit Plan […]

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