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Showing 5 posts in Disparate Impact.

The “n”-Word: (N)Ever Contextually Appropriate, In The Workplace?

Even if, as some have argued, the “n” word is culturally acceptable to some people in some contexts, does its intra-racial use in the workplace rise to the level of legal discrimination and/or harassment?  This is a topic of concern to employers grappling with workplace environments involving communications between people of the same race. Read More ›

If You Conduct Criminal Background Checks on Your Employees and Job Applicants, Now is the Perfect Time to Review Your Criminal Conviction Policies

As part of its Strategic Enforcement Plan, the EEOC aims to eliminate barriers in hiring, including employment policies and practices that discriminate against racial and ethnic groups.   In particular, the EEOC has increased its focus on the use of criminal convictions in employment, implementing new enforcement guidance on the issue in April 2012.  It did not take long for the Commission to take an even stronger position, filing suit in June 2013 against two employers alleging Title VII violations for utilizing criminal background check policies that resulted in employees being terminated or job applicants being screened out for employment.  The EEOC also settled a race discrimination charge regarding criminal conviction records.  These cases, as well as the EEOC guidance, provide significant insight into how the EEOC analyzes criminal conviction policies and practices.   Read More ›

Convicted Felons—the 'New' Protected Classification?

The Equal Employment Opportunity Commission’s (EEOC) revised Guidelines addressing employer use of arrest or conviction information when making employment decisions will have a significant impact on all employers. The standard practices of many employers will now put them at risk for a violation of Title VII, in that the EEOC now requires employers to consider, on a case by case basis, the arrest or conviction information when making an employment decision. While the issue of the consideration of arrests has been addressed for many years, the EEOC Guidelines with respect to felony convictions is a rather new issue for employers to face. Read More ›

EEOC Announces Revised Enforcement Guidelines for Use of Arrest and Conviction Records

On April 25, 2012, the EEOC issued enforcement guidelines that discuss the interaction of Title VII and the use of arrest and conviction records in employment decisions. Enforcement Guidance.  These updated guidelines supersede the EEOC’s 1987 and 1990 policy statements, as well as the EEOC’s discussion of the issue in its Race & Color Discrimination Compliance Manual.  While the EEOC maintains that the guidelines do not change anything about its view of the law, a closer review of the Enforcement Guidance reveals that the risk to employers conducting criminal records screening likely has been substantially increased. Read More ›

EEOC's New Age Discrimination Regulations Set To Go Into Effect April 30th

The EEOC’s long-awaited final rule amending its Age Discrimination in Employment (“ADEA”) regulations, concerning disparate-impact claims, goes into effect on April 30, 2012. Critics argue that this new rule, which sets forth standards for the reasonable factors other than age defense (“RFOA”), will lead to unwarranted scrutiny of employer’s business decisions and make it more difficult for employers to defend against frivolous litigation. Read More ›