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Articles Posted in Background Checks

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EEOC takes a lickin’ on background checks; will keep on tickin’

If you follow me on Twitter (@Eric_B_Meyer), you saw I broke the news last Friday that the Fourth Circuit Court of Appeals (here) joined the Sixth Circuit (here), in excluding expert testimony from the U.S. Equal Employment Opportunity Commission on how certain background checks may have a disparate impact on certain…

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Role reversal! EEOC must disclose its own background check policy to the employer it’s suing

Monday kinda sucked for the EEOC. The agency that made scrutiny of employee background checks a top priority under its current Strategic Enforcement Plan has been ordered by a federal court to turn over its own background check policy to an employer whom it is suing for a criminal background…

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Read this before you revoke a job offer in Pennsylvania based on criminal history

Across the country, many states and localities have enacted ban-the-box legislation. In a nutshell, ban the box means that employers cannot inquire about an applicant’s criminal history until after the first job interview. For example, Philadelphia has ban the box. The Commonwealth of Pennsylvania does not. Still, Pennsylvania does have…

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Ban the box is one step closer to becoming law throughout New Jersey

Many cities in the Mid-Atlantic region (Philadelphia, Newark) have passed legislation that makes it illegal for employers to inquire about criminal history early on in the job application / interview process. The State of Delaware too has passed this so-called “ban the box” rule. Last week, a New Jersey Senate…

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This is one badass labor and employment law roundtable

Recently, several local lawyers and I participated in a labor and employment law roundtable for The Legal Intelligencer. Actually, the table was rectangular. But, the coffee and muffins were free, so I didn’t complain. Well, not until I dropped my pants and mooned the employee-rights lawyers on the panel. Trust…

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That’s what she said: How to navigate the pitfalls of the FCRA

When the Fair Credit Reporting Act comes a knock knock knockin’ on HR’s door, who among you, will answer the call? Fear not, kids. Cinch on your big boy/girl underpants! My colleague, Stacey Schor, in this post, has outlined a recent federal court decision that provides valuable guidance on how…