As noted by a Hunton blog, “Dollar General and the [EEOC] settled a six-year-old Title VII lawsuit. The EEOC brought its race discrimination claim on behalf of a Charging Party and a class of Black job applicants, alleging that Dollar General’s use of criminal justice history information in the hiring process had a disparate impact… Continue reading After Six Years, Dollar General and the EEOC Settle
A second blog post will follow about some new work being done by the U.S. Commission on Civil Rights (USCCR) that could impact employment screening, but for now, let’s look back in time before moving forward.
There was a positive development this week in Texas v. EEOC. The U.S. Court of Appeals for the 5th Circuit reversed and remanded the district court’s dismissal of Texas’ complaint challenging the EEOC’s guidance on the use of criminal histories for employment checks. The Court ruled 2-1 that the state has standing to challenge the guidance,… Continue reading EEOC Pays the Price for Messing with Texas
With the recent passing of baseball legend, Yogi Berra, it seems fitting to use one of his more colorful phrases to describe the EEOC’s rush to the courthouse at the close of this, and several prior, fiscal years. A SeyfarthShaw blog refers to this as Groundhog Day in September. As noted in the blog, As… Continue reading Its déjà vu all over again at the EEOC
CDIA filed a comment with the U.S. Department of Labor in connection with proceedings that could make it harder for background checks to be conducted if screening companies were blacklisted based on the mere allegation of a state or federal EEO violation.
President Barack Obama announced that he would nominate Victoria Lipnic to serve another term on the EEOC. Lipnic, who received a recess appointment from President Obama in March 2010 and was confirmed by the Senate in December of that year, has been tapped for a second five-year term that would end in July 2020. Below is… Continue reading EEOC Commissioner Lipnic Renominated
As noted in a SeyfarthShaw blog, In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill. May 5, 2015), Judge Andrea R. Wood of the U.S. District Court for the Northern District of Illinois decided several discovery issues that have become increasingly common in EEOC-initiated disparate impact litigation. In contrast with other recent… Continue reading The EEOC Secures Favorable Ruling Over Discovery Of The Government’s Employment Practices
As noted in a SeyfarthShaw blog, the U.S. Supreme Court issued its long-awaited decision in Mach Mining, LLC v. EEOC, No. 13-1019 (U.S. 2015), and concluded, in a unanimous opinion authored by Justice Kagan, that federal courts have the authority to review the EEOC’s conciliation efforts. In language that is sure to be repeated back… Continue reading Employers Win Against EEOC on Conciliation
CDIA filed supplemental testimony with the House Subcommittee on Workforce Protections of the House Education and the Workforce Committee in connection with its March 24, 2015 hearing on a package of bills intended to reform EEOC practices. Our testimony clears up a number of misstatements made at the hearing. The testimony offered now builds on the written… Continue reading CDIA Provides Testimony to Congress
On March 24, 2015, there was a hearing on a package of EEOC reform bills before the House Subcommittee on Workforce Protections of the House Education and the Workforce Committee. The committee took testimony on four bills: H.R. 548, the Certainty in Enforcement Act of 2015; H.R. 549, the Litigation Oversight Act of 2015; H.R. 550,… Continue reading House Holds Another EEOC Hearing