Using “Moneyball” to Measure Risk of Reoffending

Former New Jersey Attorney General, Anne Milgram (D) has been working for the Laura and John Arnold Foundation to better predict risk of reoffending in a criminal justice context.  Ms. Milgram first got attention when a story about her and her work appeared in the Nov. 2013 edition of the ABA Journal.  Ex-NJ attorney general works to reform… Continue reading Using “Moneyball” to Measure Risk of Reoffending

Predicting Risk for Re-Offending

I have noted before the work by former New Jersey AG Anne Milgram at the Arnold Foundation to bring evidence-based systems to the criminal justice system. Applying what she calls “moneyball” to criminal justice, rather than creating a strict “redemption period” as noted by Profs. Blumstein and Nakamara, Milgram build a risk assessment tool to… Continue reading Predicting Risk for Re-Offending

Mug Shot Laws

Occasionally, legislation will be introduced to regulate the practice of businesses charging consumers to have mug shots removed from web sites. CDIA does not oppose these bills in general if these bills are narrowly focused on any perceived problem without a broad application to public records or criminal background checks for employment. Two states, California… Continue reading Mug Shot Laws

EEOC seeks a wins summary judgment; a new trend?

The EEOC received what a SeyfathShaw blog called “a rare partial summary judgment win” in an ADA case, in EEOC v. Midwest Regional Medical Center, LLC, No. CIV-13-789-M (W.D. Okla. Aug. 7, 2014).  The Court entered summary judgment in favor of the EEOC as to whether Withers was a person with a disability within the meaning of… Continue reading EEOC seeks a wins summary judgment; a new trend?

Texas suit against the EEOC tossed

The Texas suit against the EEOC over the Commission’s criminal guidance was dismissed for lack of subject matter jurisdiction.  U.S. District Judge Sam R. Cummings ruled that Texas requested “a premature adjudication in the abstract without any actual facts and circumstances relating to the employment practices at issue.”  Judge Cummings added that “[i]mportantly, Texas does… Continue reading Texas suit against the EEOC tossed

New Jersey Bans the Box

New Jersey became the latest state to pass the so-called “ban-the-box” bill which, in general, prohibits an employer from inquiring about a criminal history at or before an initial interview.  In the last few years, New Jersey had attempted to pass legislation that was far broader and more troubling for public safety.  After CDIA and… Continue reading New Jersey Bans the Box

Littler: The Swelling Tide of FCRA Litigation Creates Rough Seas for Employers

The Littler law firm recently issued a paper, noting the “swelling tide of class action litigation against employers under the [FCRA].” A note accompanying the publication adds that “[t]hese lawsuits…typically…allege hyper-technical non-compliance with the FCRA (e.g., supposed defects in the employer’s pre-employment forms and template notices). That is, the lawsuits appear to be lawyer-contrived cash grabs… Continue reading Littler: The Swelling Tide of FCRA Litigation Creates Rough Seas for Employers

Washington Legal Foundation Issues Paper Critical of the EEOC’s Criminal Guidance

The Washington Legal Foundation recently issued a paper critical of the EEOC’s criminal history guidance.  According to the paper, the EEOC’s enforcement position unduly stretches the limits of its authority, presumes that it can establish that using criminal conviction records screening has a disparate impact, and imposes unwarranted burdens on employers, while creating unnecessary conflicts… Continue reading Washington Legal Foundation Issues Paper Critical of the EEOC’s Criminal Guidance

DC-Area Metro System Sued

One of the most recent case against an employer alleged to have violated the Civil Rights Act violation for using criminal histories to screen for employment is here in the District of Columbia against WMATA, the authority that runs the Metro bus and Metro subway systems. Other local transit companies are also defendants. There are… Continue reading DC-Area Metro System Sued