New Wave of FCRA Suits Against Employers Over Technicalities

In the last year, Whole Foods, Michaels, Panera, Publix Supermarkets, just to name four, have been sued for what a Fortune article recently referred to as technical violations of the FCRA; namely the consumer consent provisions required by an employer to conduct a criminal or credit background check.  Those of you with Lexis subscriptions can… Continue reading New Wave of FCRA Suits Against Employers Over Technicalities

EEOC Fights Over Guidance it Says Has No Legal Impact, Creates No Legal Obligations, and Causes No Injury

A new brief was filed by the EEOC in Texas v. EEOC that makes one wonder why the EEOC continues to spend a lot of time and money investigating and suing over guidance that it says has no legal impact, creates no legal obligations, and causes no injury. Texas v. EEOC, Texas is claiming that the EEOC’s… Continue reading EEOC Fights Over Guidance it Says Has No Legal Impact, Creates No Legal Obligations, and Causes No Injury

EEOC Litigation Tactics on Trial at Supreme Court

One of the most common criticisms of the EEOC is its heavy-handed litigation tactics, including whether courts can review the EEOC’s decisions to conciliate prior to filing a lawsuit. Under the Civil Rights Act, the EEOC is required to conciliate before suit, but there is arguably wide latitude in what may constitute conciliation within the… Continue reading EEOC Litigation Tactics on Trial at Supreme Court