Hardie v. NCAA: An Update

Hardie v. NCAA, 13-cv-00346-W-DHB (U.S. Dist. Ct., S.D. Calif.). Summary: This case was brought in February 2013 by Dominic Hardie, a 35-year-old AAU basketball coach from Houston, with a 2001 conviction for possession with intent to distribute less than a gram of cocaine.  The plaintiff alleges discrimination in the NCAA’s policy of excluding all ex-felons… Continue reading Hardie v. NCAA: An Update

New Employment Screening Litigation

On July 23, 2014, three new FCRA cases were filed in the Southern District of Florida with a lot of commonality and with some troubling new allegations. The three cases were filed after the apparent two-year statute of limitations expired. The complaints allege disclosures made in 2010 through May 2012.  As we know, the statute of limitations is… Continue reading New Employment Screening Litigation

Executive Orders

On July 31, 2014, the White House announced that President Obama was signing the Fair Pay and Safe Workplaces Executive Order to require federal contractors to disclose their violations of labor and civil rights laws, which would include violations of Title VII discrimination on the basis of race.

EEOC Oversight Hearing

On May 22, 2013 the House Education & Workforce Subcommittee on Workforce Protections held a hearing, “Examining the Regulatory and Enforcement Actions of the Equal Employment Opportunity Commission.”  The committee posted a number of resources on its website, including a hearing webcast; EEOC Chairwoman Jacqueline Berrien’s written testimony with two attachments, the EEOC’s Strategic Enforcement Plan FY 2013-2016 and… Continue reading EEOC Oversight Hearing

EEOC Oversight Hearing

On May 20, the U.S. House of Representatives Committee on Education & the Workforce’s Subcommittee on Workforce Protections held an EEOC oversight hearing.  You can read the press release announcing the hearing and review materials associated with that hearing.  You can also watch the webcast of the hearing.  The U.S. Chamber of Commerce, among others,… Continue reading EEOC Oversight Hearing

Champions of Change

In early-2014, the White House has an initiative, Champions of Change, where it highlights that The best ideas come from the American people. Everyone has a story to tell, everyone has a part to play. All across the country, ordinary Americans are doing extraordinary things in their communities to out-innovate, out-educate, and out-build the rest of the… Continue reading Champions of Change

EEOC Litigation: Mach Mining

Recently, the U.S. Supreme Court agreed to hear EEOC v. Mach Mining.  This case is not directly related to employment screening, but speaks to the power the EEOC has in its litigation strategy and tactics.  Title VII requires the EEOC to conciliate an employee grievance as a precursor to bringing suit for discrimination. As noted… Continue reading EEOC Litigation: Mach Mining

Business Leaders and Policy Makers Meet at White House: How Government Can Help—or Hinder—Employment for Ex-Cons

On July 1, 2014, according to a blog posting from the Council of State Governments, “[b]usiness executives and policymakers found common ground during a meeting at the White House on Monday designed to review ways in which government can help—or hinder—efforts to improve employment outcomes for people with criminal records.”  The program, “Pathways to Prosperity:… Continue reading Business Leaders and Policy Makers Meet at White House: How Government Can Help—or Hinder—Employment for Ex-Cons

Over-Criminalization Task Force of the House Judiciary Committee

On June 26, 2014, the Over-Criminalization Task Force of the House Judiciary Committee held a hearing on collateral consequences. There were two witnesses: Rick Jones, Executive Director, Neighborhood Defender Service of Harlem for the National Association of Criminal Defense Lawyers (testimony); and Mathias H. Heck, Jr., Prosecuting Attorney, Montgomery County (Ohio.) for the American Bar… Continue reading Over-Criminalization Task Force of the House Judiciary Committee