Employers’ use of criminal background checks in the hiring process is creating growing exposure to liability on several fronts. The Equal Employment Opportunity Commission (EEOC) is pursuing the issue aggressively as a centerpiece of its enforcement initiatives, asserting that the practice has a disparate impact on minority applicants, which violates Title VII of the Civil Rights Act of 1964.
Through our tenure as the leader in business and legal compliance, CT has amassed an unsurpassed wealth of knowledge. We share this institutional expertise with you with our live seminars and webinars.
Too Much Information: The Use and Misuse of Pre-Employment Inquiries, Applica...Parsons Behle & Latimer
Employers are gathering more and more information regarding potential employee hires. Recent EEOC rules and FTC regulations have placed additional scrutiny on pre-employment inquiries and background checks by employers. Employers need to protect themselves by knowing what is "too much information." Kevin addresses the permissible bounds of pre-employment information obtained from potential employees during the hiring process.
Too Much Information: The Use and Misuse of Pre-Employment Inquiries, Applica...Parsons Behle & Latimer
Employers are gathering more and more information regarding potential employee hires. Recent EEOC rules and FTC regulations have placed additional scrutiny on pre-employment inquiries and background checks by employers. Employers need to protect themselves by knowing what is "too much information." Kevin addresses the permissible bounds of pre-employment information obtained from potential employees during the hiring process.
Employers in Utah can fire their employees for any reason or no reason at all. There are limitations to this rule - you can't fire an employee, for example, based on race, gender, religion, or age, or if doing so would breach a contract. You also can't fire an employee if doing so would violate "public policy." This presentation walks through this third limitation on Utah's at-will doctrine, its scope and its pitfalls, and the ways to potentially avoid its traps.
Top 10 Legal Concerns for Public Libraries, April 2014 New Directors MtgGeorgia Libraries
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Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
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Government agencies are expanding their focus on employees’ rights, social media, and other employer policies and it is not just social media policies that are being invalidated. Susan and Nick discuss how recent changes in social media law might affect your company’s confidentiality policies, hiring policies and practices, and discrimination and harassment policies.
The EEOC, Congress, and many state legislatures are closely scrutinizing how employers use background checks, especially criminal histories and credit reports. This presentation will walk employers through the process of preparing a background screening policy that helps ensure a safe and productive workforce while staying out of regulators’ and plaintiffs’ attorneys’ crosshairs.
Learn about the convenient, cost-effective, and easy-to-use MyCase Client Portal that allows your clients to securely log in and view the status of their case, and even pay invoices!
Employers in Utah can fire their employees for any reason or no reason at all. There are limitations to this rule - you can't fire an employee, for example, based on race, gender, religion, or age, or if doing so would breach a contract. You also can't fire an employee if doing so would violate "public policy." This presentation walks through this third limitation on Utah's at-will doctrine, its scope and its pitfalls, and the ways to potentially avoid its traps.
Top 10 Legal Concerns for Public Libraries, April 2014 New Directors MtgGeorgia Libraries
These materials are provided as general information only. No legal advice is being given by the Georgia Public Library Service, the Board of Regents of the University System of Georgia, or any other person. You should consult with your attorney on all legal matters.
Legal Questions by Georgia Librarians: Case StudiesGeorgia Libraries
By Marti A. Minor. These materials are provided as general information only. No legal advice is being given by the Georgia Public Library Service, the Board of Regents of the University System of Georgia, or any other person. You should consult with your attorney on all legal matters.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
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Delivered by our Queensland EILS team, this seminar explored the manipulations of investigations by employers and the common issues and deficiencies of investigations. Case studies, tip and traps are covered.
Government agencies are expanding their focus on employees’ rights, social media, and other employer policies and it is not just social media policies that are being invalidated. Susan and Nick discuss how recent changes in social media law might affect your company’s confidentiality policies, hiring policies and practices, and discrimination and harassment policies.
The EEOC, Congress, and many state legislatures are closely scrutinizing how employers use background checks, especially criminal histories and credit reports. This presentation will walk employers through the process of preparing a background screening policy that helps ensure a safe and productive workforce while staying out of regulators’ and plaintiffs’ attorneys’ crosshairs.
Learn about the convenient, cost-effective, and easy-to-use MyCase Client Portal that allows your clients to securely log in and view the status of their case, and even pay invoices!
I am writing to apply for the position of Finance/Accounts
I bring to the table over 16 years of experience in Finance & Accounts, Budgeting & Forecasting, Cash /Fund Management, Warehouse Management, etc.
Basic overview of the political, cultural and social influences on 20th century Architecture based on Kenneth Frampton's "Modern Architecture: A Critical History', for teaching fifth semester B.Arch students of University of Calicut.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
Pli workplace privacy in the year 2013 2013-6-13mkeane
Addresses privacy issues associated with hiring in a social media world, privacy issues associated with BYOD programs; employee privacy rights associated with off-duty activity including Facebook postings and activity protected by lifestyle laws.
How to Use Background Screening to Hire Ex-Offenders: The employment of ex-offenders exposes you to risks that seemingly pull in opposite directions. Learn how you can use background screening in compliance with applicable laws to thread the needle between these risks. The process puts you on firmer ground if you decide to exclude an ex-offender, and it may help you find an applicant who will become an excellent employee.
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#unplug? Legal and Ethical Challenges in Employment in an Online WorldBoyarMiller
A presentation on the legal and ethical considerations in the employment life cycle from pre-employment through post-termination. Screening applicants, monitoring policies, remote work considerations, and access to social media during and post-employment can create ethical questions and legal ramifications for every company.
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AlphaStaff Webinar Importance of Drug and Background ScreeningAlphaStaff
Hiring someone is a decision that should not be based solely on the person’s ability to handle the job. While skills required to conduct the job are necessary, one cannot rule out threats caused by an employee with a checkered past (or present). Someone with a criminal record or someone who isn’t who they say they are can potentially cause significant damage to the welfare of the company and its staff.
This webinar, led by one of the country’s premier background check and drug screening companies and a key partner of AlphaStaff, will highlight the need, the process and the advantages of proper pre-employment screenings. Presented by Sterling Infosystems.
Those involved in business formations may unknowingly be violating professional conduct rules. As compliance requirements evolve to protect against money laundering, terrorism, and tax evasion, it has become harder for attorneys to keep up. But those who fail to comply can face serious fines and may even lose their license altogether.
Join this on-demand webinar to safeguard against ethical violations. Attendees will have a better understanding of compliance requirements, new and emerging legislation, and best practices for new client due diligence.
Learn about:
- The intersection of business formation and money laundering/terrorism/tax evasion
- How attorney-client privilege is impacted by current and emerging legislation
- Penalties for doing business with certain risk groups
- The ABA's Gatekeeper initiative that offers risk-based guidance
- Ethical considerations of potential anti-money laundering requirements for lawyers
- Due Diligence guidelines to prevent ethical dilemmas
Meet our expert:
Garth Jacobson, Esq. – CT Government Relations and Regional Attorney
Garth B. Jacobson serves as a Senior Government Relations Attorney for CT Corporation. Prior to this position, he worked at Preston Gates and Ellis LLP. Previously, he held the position of Chief Legal Counsel to the Montana Secretary of State where he successfully litigated election law cases before the state trial and appellant courts and federal courts. During that tenure, he served on the state bar committees that drafted business entity legislation including profit and nonprofit corporate acts, revisions to the partnership laws and the limited liability company act. Additionally, he developed and administered alternative dispute resolution of business name infringements. He served on the Montana Ethics Advisory Commission. He also served on the Board of Trustees of the State Bar of Montana and was also the president of the First Judicial District Bar Association.
Entity Due Diligence From Corporate & UCC PerspectivesCT
How does due diligence vary between the Corporate and UCC perspective? This presentation outlines the similarities and differences between the two. Explore legal due diligence from both the audit and deal perspectives, with a focus on entity structure, contacts, KYC/AML, and timing.
Topics covered:
- Entity Structure
- Contracts
- Entity Records
- Know Your Customer/Anti-Money Laundering (KYC/AML)
- Timing
- Potential Impact Issues
Meet our expert:
Lori Ann Fox, Esq., Transactional Business Consultant
Lori Ann Fox has been with CT Corporation for over ten years as a government liaison and legal expert. In her role, she focuses primarily on the legal and regulatory issues facing CT’s customers in formation, compliance, and M&A. She sits on drafting committees and works closely with state bar associations, government offices and legislatures to implement changes in business entity and related laws. Additionally, she regularly lectures across the U.S. on topics related to business entity operations and filings, including:
Delaware Entity Laws
Mergers
Business Entity Formation and Maintenance
Compliance and Governance
Limited Liability Companies
Specialty/Alternative Entity Types
Ethical Considerations Surrounding Entity and Compliance Issues
Prior to joining CT, Ms. Fox maintained a private practice focusing on corporate law, which was preceded by her serving as General Counsel for an insurance company. Ms. Fox received her law degree from Emory University School of Law and is a member of the State Bars of Texas, Oklahoma, and Georgia.
Delaware and Texas Business Entity Law Comparison Overview & Legislative UpdatesCT
Both Texas and Delaware offer many benefits for those looking to incorporate their business. However, there are significant differences between the two states’ business entity laws that should be considered before selecting one state over the other. See this presentation to learn more about these key differences, similarities and important legislative updates.
Viewers will learn about:
the importance of Delaware and Texas to the business landscape the background for each state that provides further context a comparison of business entity laws and related filing and court systems the latest legislative and policy updates for each state as they impact corporations, LLCs, and partnership statutes
Meet our expert:
Lori Ann Fox, Esq., CT Transactional Business Consultant
Lori Ann Fox has been with CT Corporation for over 10 years and currently serves as a Dallas-based Transactional Business Consultant where she directly supports client goals and strategies with her extensive knowledge, skills, and experience. Previously, she served as the Government Relations and Regional Attorney, focusing on legal and regulatory issues, and working closely with state bar associations, government offices, and legislatures to implement changes in business entity and related laws.
Ms. Fox sits on legislative drafting committees and is a contributing member for both the Texas Business Law Section’s Business Organizations Code committee and the Blockchain and Virtual Currencies Committee. She is an active committee member for the Association for Corporate Growth Dallas-Fort Worth Chapter and regularly lectures across the U.S. on topics related to business entity and due diligence laws, filings, and searches.
Prior to joining CT, Ms. Fox maintained a private practice focusing on corporate law, which was preceded by her serving as General Counsel for an insurance company. She received her law degree from Emory University School of Law and is a member of the State Bars of Texas, Oklahoma, and Georgia.
Delaware continues to be a top choice for incorporating, with the majority of Fortune 500 and U.S. IPO’s realizing its benefits. If your business is incorporated there, staying abreast of legislative updates is paramount for maintaining compliance. Plus, if you or your clients are considering forming in Delaware, this presentation will help ensure a smooth process.
Stay informed about the latest law updates and key trends, as well as hear about pending and future legislation, and changes in franchise taxes and annual reports.
Topics covered:
Delaware – year in review
Overview of Delaware updates including new bills and services
Changes to Annual Reports
Changes to Franchise Taxes
Key deadlines
Form updates
Global filing service options
Exempt entities
Your expert guide:
Alan Stachura — Senior Manager, Government Relations
Alan is a key liaison for CT regarding state governments. He has a special emphasis on Delaware and, as part of this, Alan has developed a training curriculum to help educate customers on the state’s incorporation process. Read more about Alan.
International expansion is often seen as critical to an organization’s revenue growth – but expansion is not without challenges such as navigating cultural differences, governance, risk and compliance issues. In this mini on-demand webinar, learn how to better anticipate issues like these, mitigate risk, and effectively participate in the global arena.
You will learn about:
What KYC is and why it is important (AML compliance)
Business Formation vs. Dissolution
On-going Regulatory Updates
How CT helps businesses successfully expand outside the United States by becoming your trusted partner with the requisite local expertise
Meet our expert: Bianca Erb, Global Business Consultant
Bianca Erb is a Senior Business Consultant with CT Corporation, a Wolters Kluwer Business. She is a subject matter expert for CT’s global business solutions with 13 years of experience in the industry.
Bianca understands the complexities of corporate compliance outside of the United States to ensure seamless business continuity for CT clients embarking on global expansion. Her expertise in global compliance and CT’s best in class service delivery supports law firms and corporate clients as they conduct business abroad.
Bianca resides in Austin, TX with her husband and three children. She has a passion for cooking, spending time with her family, and traveling.
Learn about the critical role Independent Directors play in structured finance, credit, real estate and securitized transactions. This webinar will detail how an Independent Director serves on the board of directors for a special purpose entity to help to manage a loan and keep deals moving forward.
Topics include:
Definition of an Independent Director/Manager
Definition of a Springing Member
Duties and responsibilities of each (position)
Procedures for handling a possible Bankruptcy proceeding
How to identify a competent Independent Director
How CT can help
Presenter: Vic Duva, Director of Corporate Staffing
Global compliance professionals & entity management staying in controlCT
Organizations have benefited from strong economic growth and an increase in global deals. However, those in charge of entity management have the added burden of ensuring subsequent legal, regulatory, and contractual compliance. Alleviate risk and strengthen your control on global compliance with this complimentary webinar.
Improve decision making with expert insights into key factors such as legislative updates, anti-money laundering regulations, and transaction compliance. Plus, learn how to best leverage technology to streamline processes and ensure compliance.
Topics covered:
Keeping up with on-going local legislation changes
Risk of non-compliance with local regulation changes
Anti-money laundering regulations
Pre- and post-transaction compliance checklist
Leveraging technology to ensure global compliance
The world of due diligence is designed to be predictable and stable – but change is inevitable. This presentation reviews the changes facing modern due diligence and provides strategies to best manage these updates. CT’s expert consultant will specifically discuss changes in Delaware corporate law, due diligence recordings, case law, and cyber due diligence.
Learn About:
Changes and updates to statutory law
Cybersecurity / due diligence
UCC-3 Issues
General Motors case and terminations
Assumed Business Names - What Every Business Lawyer Should KnowCT
Businesses are frequently required to adopt – or want to adopt – a different name than the one used for formation. This assumed name, otherwise known as “doing business as”, is a popular option often accompanied by legal requirements that vary by state. In this presentation, CT’s expert attorney reviews the key aspect of assumed names so attendees are well informed about the process and how to navigate it successfully.
Learn about:
What an assumed name is (and what it isn’t)
Reasons assumed names are used
How (and why) assumed names are regulated by states
How courts have handled parties using assumed names
Penalties for non-compliance
Closing the Deal - Multiple Perspectives on Due DiligenceCT
Due diligence is the cornerstone of most successful deals. But one’s view of due diligence can change depending on perspective. In this on-demand webinar, CT’s expert staff will review due diligence from the audit and deal perspectives. Viewers will gain insights into the similarities and differences between the two, as well as an overview of issues and possible solutions.
Learn About:
Entity structure
Contracts
Entity records
AML/KYC
Timing and potential impacts
The Wayfair Decision & Small Businesses Selling Online - The Taxman ComethCT
In June last year the US Supreme Court ruled in South Dakota vs. Wayfair Inc. case, that states can require out-of-state retailers to collect sales taxes from in-state customers, even if the retailers have no physical presence in the state.
This was a major change for businesses small and large who conduct business online. No longer will there be the advantage of bypassing sales tax collection by selling online and not having a physical presence in a state. Rather, if a remote seller generates revenue and/or sales in a state, they may be required to collect a state sales tax.
This decision has led to many questions about what might be the impact on all remote online businesses regarding responsibilities and requirements regarding state sales tax, and if all states are requiring this new obligation.
In order to safely navigate these tricky waters, it is best to be prepared ahead of time, so that potential hazards and serious issues can be averted. By knowing what to expect and when to execute, your deals will not only close, but move forward more smoothly.
In this webinar, we will review the background and current landscape for deals, including leading deal transaction vehicles, and federal and state requirements. We will then discuss some of the more common compliance requirements, and the issues and challenges associated with them so that attendees may learn best practices in improving the efficiency and transparency of deal workflow.
Learn about the key trends and recent legislative updates in the nation’s most popular state to incorporate. In addition, attendees will have the opportunity to hear about pending and future legislation, as well as gain insight into changes in franchise taxes and annual reports.
Over the last few years we have seen some significant adjustments and developments in Revised Article Nine. Starting with 2013 statutory changes and now recent court cases have created a new environment that due diligence experts must adjust to in order to maintain their high levels. This one hour seminar explores some of these changes and how they impact the due diligence work flow and the relationships between the interested parties.
If it’s happening in Delaware, you want to know about it. 65% of the Fortune 500 are incorporated in Delaware, and over 150,000 new entities were formed in 2013 alone. Whether you work in a corporation or at a law firm, you’ll need to answer the questions, “Why Delaware?” and “What do I need to know to get the best results?”
Join CT’s expert staff attorneys for a unique view on working with Delaware. No other registered agent does as much work with Delaware — you’ll learn nuances and experience you simply can’t get anywhere else.
The LLC now leads as the most popular statutory business entity in the United States. If you manage business formations and compliance, chances are you’re looking at a lot of LLCs. But with only 30 years of LLC law — compared to 100+ years of corporation law — you can also be facing some uncertainty.
Whether you’re managing just a few LLCs or many, accuracy is essential. Learn the basics of LLC law from CT’s expert staff attorneys. With a solid grounding in current LLC state laws, you can confidently make better-informed decisions for forming, qualifying, and maintaining LLCs.
What do most federal and state business laws have in common? Mandatory filing requirements, with serious consequences for non-compliance. If you’re not on top of these ongoing compliance actions, you’re putting your company or clients at risk. Business can face fines, administrative dissolution, even loss of access to courts. In some circumstances, certain individuals can face criminal penalties.
CT is the tenured leader in helping businesses protect their legal health. Our staff attorneys will walk you through the essentials of what you need to know about business compliance. With good strategy and planning, you can reduce or eliminate the risks.
Federal diversity jurisdiction is conditioned on two requirements – the amount in controversy must exceed $75,000, and there must be “complete diversity,” meaning that no defendant may have the same “citizenship” as any plaintiff.
In this CT Corporation webinar, learn more about diversity jurisdiction with special guest Thomas E. Rutledge of Stoll Keenon Ogden PLLC. For more information, head to ct.wolterskluwer.com.
CTKnowledgeShare: CT Corporation is dedicated to educating our customers on the most current and essential topics for corporate legal and compliance professionals.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
3. • Title VII, EEOC Enforcement, Ban the Box
Kevin J. White
(Washington, D.C., Houston)
• Fair Credit Reporting Act, State and Local
Equivalents
Lindsay B. Velarde
(Washington, D.C.)
• Q&A
3
OVERVIEW
4. Title VII, EEOC Enforcement, Ban the Box
Kevin J. White
Partner, Labor & Employment
Washington, D.C.
4
5. Key Background Information
5
• Being a criminal is not a protected category under Title
VII.
• EEOC relies on national conviction data and the
disparate impact theory to bring the criminal conviction
issue within Title VII.
6. Key Background Information (cont.)
6
• Disparate Impact
– An employer’s neutral policy or practice may not
disproportionately screen out a protected group unless the
policy or practice is job related for the position in question
and consistent with business necessity.
• Neutral Policy or Practice:
– High school diploma/GED
– Number of years of experience
• Job related
• Consistent with business necessity
7. How Disparate Impact Theory Should Work:
7
• Plaintiff’s prima facie case: employer’s policy or practice
causes a disparate impact on the basis of the individual’s
race, color, religion, sex, or national origin.
• Burden shifts to the employer to demonstrate that the
challenged practice or policy is job-related for the
position in question and consistent with business
necessity.
• Burden shifts back to the Plaintiff to determine whether
an alternative, less discriminatory policy exists that
would satisfy the employer’s business necessity without
the disparate impact.
8. Key Background Information
8
• 1975 – Green v. Missouri Pacific RR Co., 523 F.2d 1290 (8th
Cir. 1975).
– 8th Circuit later affirmed injunction that allowed the use of criminal
convictions as a factor as long as the employer also considered:
• The nature and gravity of the offense(s)
• The amount of time since conviction or completion of sentence
• Nature of the position
• 1987 – EEOC incorporates the Green factors into its policy
guidance.
• 2007 – El v. SEPTA, 479 F.3d 232 (3d Cir. 2007) Rejected the
Green test and the EEOC’s formulation of the business necessity
defense in the criminal conviction context
• 2012 – EEOC issues revised guidance. Tries to address
SEPTA.
9. 2012 Guidance
9
• Restatement of existing guidance
• Confirms rebuttable presumption of disparate impact
• Employers will satisfy the business necessity defense
(and may rebut presumption) if they either:
– Validate the policy per the Uniform Guidelines on
Employee Selection Procedures (“UGESP”) or
– Apply for the Green factors and engage in an
“individualized assessment” of rejected applicants to
determine whether the policy is, in fact, job related and
consistent with the business necessity
10. 2012 Guidance (cont.)
10
• Presumption of disparate impact that employer may
rebut
• The employer may rebut presumption with its own data.
For example, an employer may cite to regional or state
conviction data for African American and Hispanic men
or an employer may refer to its own applicant data.
• EEOC will probe whether applicant data is unreliable
because the employer has a reputation in the community
for excluding applicants with criminal convictions.
11. Green factors + “individualized assessment”
11
• Notice to applicant
• Opportunity to rebut, and
• Consideration of:
– whether exception warranted, and
– Business Necessity considerations
12. Green factors + “individualized assessment” (cont.)
12
• First two individualized steps are standard action for
third-party background checks (FCRA)
• Issues raised by “individualized assessment”:
– Inaccuracies in criminal record
– Number of offenses
– Facts/circumstances
– Age at conviction or release
– Employment history
– Rehabilitation efforts
– References, etc.
• If applicant fails to respond to the individualized assessment,
employer can proceed with decision
13. Employer’s Other Defenses
13
• Federal laws that prohibit hiring convicted criminals
are a valid defense
• State laws are preempted by Title VII → no defense
14. 14
EEOC v. Pepsi Bottling Group – January 2012
Pepsi paid $3.13M and agreed to make “major” policy changes;
Approximately 300 African American employees were affected;
Pepsi’s criminal background checks policy excluded job applicants
(i) who had been arrested pending prosecution even if they had
never been convicted of any offense, and (ii) who had been
arrested or convicted of “minor offenses.”
EEOC v. J.B. Hunt Transport, Inc. – June 2013
Settlement amount not disclosed;
The EEOC estimates 14,000 employees were affected;
J.B. Hunt’s policy was a “blanket prohibition” that excluded drivers
based on criminal convictions unrelated to the duties of the job.
EEOC Enforcement Litigation – Settlements
15. EEOC Enforcement Litigation – Settlements
15
EEOC v. BMW Manufacturing Co. (D.S.C.) – Sept. 2015
EEOC challenged criminal conviction background check
policy that made applicants having “any convictions of a
violent nature” subject to employment rejection, noting
“there is no statute of limitations for any of the crimes,” and
the policy “makes no distinction between felony and
misdemeanor convictions.”
Settlement announced Sept. 8. BMW will pay $1.6 million
and provide job opportunities to applicants and discharged
employees
16. 16
EEOC v. Freeman
• D. Md. August 2013 (“careful and appropriate use of criminal history
information is an important, and in many cases essential, part of the
employment process of employers”)
• 4th Cir. 2015 (affirmed summary judgment to employer; stated EEOC’s
expert analysis had a “mind-boggling number of errors” and was “utterly
unreliable”)
EEOC v. Peoplemark
• W.D. Mich. 2011 (awarding fees and costs to Peoplemark; “the complaint
turned out to be without foundation from the beginning”)
• 6th Cir. October 2013 (“The [EEOC] [alleged] that Peoplemark had a
blanket, companywide policy of denying employment opportunities to
persons with felony records and that this companywide policy had a
disparate impact on African Americans. As it turned out, the alleged
companywide policy did not exist.”)
EEOC Enforcement Litigation – Decisions
17. EEOC Enforcement Litigation – Decisions
17
EEOC v. Kaplan Higher Education Corp.
• D. Ohio January 2013 (“Because [EEOC] fails to present
admissible evidence showing that the use of credit
reports ‘caused the exclusion of applicants ... because of
their membership in a protected group,’ plaintiff cannot
set forth a prima facie case of disparate impact
discrimination.”)
• 6th Cir. 2014 (affirmed dismissal; EEOC brought this
case on the basis of a “homemade methodology”)
18. 18
EEOC v. Dollar General (N.D. Ill.) – June 2013
EEOC alleges nationwide pattern or practice claims due to use of
criminal background check “matrix” criteria that the EEOC alleges
are not job-related or consistent with business necessity and do not
provide for individualized assessments.
Dollar General ordered to turn over the contact information of its job
applicants, even though that information did not contain any
information about the race or criminal background of the job
applicants.
Court denied request for disclosure of EEOC’s policies on
background checks finding such policies would not be relevant to
Dollar General’s defenses because it had not shown that “the
functions performed by its employees are in any way comparable to
those undertaken by the EEOC’s employees.”
EEOC Enforcement Litigation – Recent Cases
19. State Challenges to the EEOC’s Guidance
19
State Attorneys General Letter – July 2013
Nine state attorneys general sent a letter to the EEOC to express
concern over recent lawsuits filed by the EEOC concerning
employers using criminal background checks
The state attorneys general call the EEOC’s lawsuits “misguided
and a quintessential example of gross federal overreach.”
State of Texas v. EEOC (N.D. Tex.) – November 2013
Claims the EEOC overstepped its statutory authority under Title
VII and is using its guidance to encroach on state rights to
maintain and enforce laws and policies that place absolute bars
on hiring felons by state agencies.
District court found guidance was not a final action that was
judicially reviewable
Appealed to Fifth Circuit; oral argument heard in July
20. Best Practices – Criminal Background Checks
20
• Evaluate your policy – avoid “stigmatizing” language (“ex-felons,” etc.).
• Don’t implement blanket prohibitions for arrests.
• Don’t implement blanket prohibitions for all criminal convictions.
• Evaluate the job duties, the physical environment of the job, and the
accessibility of the job to those who are vulnerable.
• Consider the amount of time that passed after conviction or release,
recidivism, gravity of the crime, mitigating factors, and age at time of
crime.
• Seek information about the candidate’s conduct, employment history,
and rehabilitation following conviction or release.
• Document the hiring or rejection rationale without mention of protected
categories.
• If an applicant is rejected because of a criminal record, inform the
applicant, and provide a reasonable chance to verify or challenge.
21. The Basics of “Banning the Box”
• “Ban the box” refers to a movement by civil rights advocacy groups
seeking to have employers remove from hiring applications the “check
box” that asks if applicants have a criminal record.
• The stated purpose is to enable ex-offenders to display their
qualifications in the hiring process before being asked about their
criminal records.
• The basic premise underlying the movement is that anything that
makes it harder for ex-offenders to find a job makes it likelier that they
will re-offend, which is bad for society.
• Most “ban the box” laws only apply to the initial job application and
sometimes the initial job interview.
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22. “Ban the Box” at the State Level
22
At the present time, nineteen states (including D.C.) have
adopted “ban the box” laws, with seven (*) applying to private
employers:
California (2012, 2013), Colorado (2012), Connecticut (2010),
Delaware (2014), Hawaii (1998),* Illinois (2013, 2014),*
Maryland (2013), Massachusetts (2010),* Minnesota (2009 and
2013),* Nebraska (2014), New Jersey (2014),* New Mexico
(2010), New York (2015), Ohio (2015), Oregon (2015)*, Rhode
Island (2013),* Vermont (2015), Virginia (2015), and Washington
D.C. (2014).
Some states have limited how and under what circumstances an
employer may consider an applicant’s criminal record and make
it illegal for employers to discriminate against applicants with
conviction records, including:
New York,* Pennsylvania,* Washington, D.C.,* and Wisconsin.*
23. “Ban the Box” at the City and Local Level
23
Nearly 150 cities and counties have adopted “ban the
box” laws, including:
California (Berkeley, Oakland, San Francisco*), Connecticut
(Bridgeport, Hartford,* New Haven*), Delaware (Wilmington),
Florida (Jacksonville, Tampa), Georgia (Atlanta), Illinois
(Chicago*), Indiana (Indianapolis*), Kentucky (Louisville*),
Louisiana (New Orleans), Maryland (Baltimore*, Montgomery
County*, Prince George’s County*), Massachusetts (Boston,*
Cambridge*), Michigan (Detroit*), Minnesota (Minneapolis, St.
Paul), Missouri (Columbia*, Kansas City), New Jersey (Atlantic
City,* Newark*), New York (Buffalo,* New York,* Rochester*),
North Carolina (Charlotte), Ohio (Canton, Cincinnati, Cleveland),
Oregon (Portland*), Pennsylvania (Philadelphia,* Pittsburgh*),
Tennessee (Memphis), Texas (Austin), Virginia (Alexandria,
Norfolk, Richmond*), Washington (Seattle*).
24. “Ban the Box” and Major U.S. Corporations
24
Target Corp. – removed criminal history box from applications in 2014
• Target’s General Counsel stated “We’re interested in a safe workplace and shopping
environment, and we do want to take the appropriate steps to do that,” and noted it
made sense to craft a uniform and consistent process nationwide, “given the number
of people Target interviews and hires across the country.”
Bed, Bath & Beyond – removed criminal history box from applications
in 2014
• BBB’s Spokesperson stated “We are in agreement with the attorney general that
employment opportunities should remain open to individuals with criminal histories
that have been rehabilitated.”
Wal-Mart – removed criminal history box from applications in 2010
• Wal-Mart’s Spokesperson stated “The removal does not eliminate the background
check or drug test, but it offers those who’ve been previously incarcerated a chance
to get their foot in the door.”
25. Best Practices – Employment Applications
25
• Monitor “ban the box” developments and evaluate your application.
• Consider removing inquiries about criminal convictions from the initial
job application.
• Consider delaying inquiries into convictions (written forms, verbal
interviews) until after a conditional offer of employment.
• Train Human Resources, hiring staff, and employee interviewers not to
make blanket statements (“no criminal convictions”) in job postings or
during the hiring process.
• When you administer background checks, or alternatively criminal
conviction inquiries, make decisions in accordance with criminal
background check best practices.
• If an applicant is rejected because of a criminal record, inform the
applicant, and provide a reasonable chance to verify or challenge.
26. Fair Credit Reporting Act
State and Local Equivalents
Lindsay B. Velarde
Associate, Labor & Employment
Washington, D.C.
26
27. Fair Credit Reporting Act (“FCRA”)
• Applies when a “consumer reporting agency” conducts
the background check.
• Ensures individuals are aware that consumer reports
may be used for employment purposes and agree to
such use.
• Ensures individuals are notified promptly if information in
a consumer report may result in a negative employment
decision and if that information does in fact result in a
negative employment decision.
27
28. Consumer Reporting Agency Defined
28
A Consumer Reporting Agency (“CRA”) is an organization
that collects information, compiles it in a Consumer Report
and provides the Consumer Report to other people.
• A criminal background check may be a consumer report.
29. “Hot” Area of Litigation
29
• FCRA sets out numerous procedural steps and
the plaintiffs’ bar is capitalizing on employer and
CRA mistakes in ways similar to wage and hour
lawsuits.
• In 2015, courts have approved settlements
ranging from a total of over $800,000 to over $4
million.
30. Disclosure and Authorization
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• Disclose that applicant’s/employee’s report might be
used for employment-related decisions.
• Disclosure must be clear and conspicuous in a stand-
alone document.
• Employer needs written authorization from the
applicant/employee that the employer may request the
report.
• Ensure authorization is clear that employer will run
background checks throughout employment.
31. Pre-Adverse Action Notice
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• Adverse action includes failure to hire or promote.
• Before adverse action is taken, employer must:
– Notify the employee that the employer intends to take the
adverse action;
– Provide copy of consumer report to employee;
– Provide a summary of consumer’s rights under the FCRA
to the employee (FTC website); and
– Wait a reasonable time before taking the adverse action.
32. Post-Adverse Action Notice
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• After the adverse action, the employer must give a post-
adverse action notice that contains
– Notice of the adverse action.
– Information about the CRA, including name, address,
and telephone number.
– Information about the individual’s right to dispute
directly with the CRA the accuracy or completeness of
any information provided by the CRA.
33. Post-Adverse Action Notice (cont.)
33
– A statement that the CRA did not make the adverse
decision and is not able to explain why the decision
was made.
– A statement setting forth the individual’s right to obtain
a free copy of the report from the CRA if the individual
requests it within 60 days of the notice.
34. Penalties for FCRA Violations
34
• Private right of action
– Actual damages or $100 to $1K per violation
– Punitive damages
– Court costs and attorney fees
• Criminal Enforcement
– Willfully obtaining information under false pretenses
– Fined
– Imprisonment up to two years
35. Exposure Variables
35
Whether the violation is “willful” greatly affects the
scope of damages. A plaintiff must prove that the
employer “knowingly” or “recklessly” violated the
FCRA.
36. Recent Settlements
36
• In July 2015, court approved nearly $3 million settlement of claims
on behalf of nearly 60,000 class members that the defendant
retailer failed to provide proper disclosures or pre-adverse action
notifications.
• In November 2014, court approved nearly $7 million settlement of
claims on behalf of about 90,000 class members that defendant
retailer failed to provide proper disclosures.
• In October 2014, court approved over $5 million settlement of
claims on behalf of over 180,000 class members that the defendant
transportation company failed to provide proper disclosures.
• In June 2014, court approved a $18.6 million settlement of claims
on behalf of nearly 550,000 class members that CRAs provided
inaccurate criminal background reports to employers that caused
the class to suffer adverse actions, and failed to notify them at the
time defendants provided the consumer reports to prospective
employers.
37. The State and Local Twist
37
• Increasing number of state and local laws impact
FCRA-required process
• Often tag along with “ban the box” provisions
• Pay attention to scope - some apply only to
investigative reports or credit information
• Examples
– New York State
– Rochester, NY
– Buffalo, NY
– New York City, NY
38. New York State
38
• Limits type of information that can be considered
• Requires disclosure and authorization
(investigative only) before obtaining consumer
report
• Requires posting and provision of copy of N.Y.
Corrections Law Art. 23-A to applicants
(investigative only)
• Must consider certain factors during evaluation
• Provide written statement of reasons for denial
upon request
39. Buffalo, Rochester, New York City
39
• When inquiry can occur:
– After accepting an application - Buffalo
– After initial interview or post-offer – Rochester
– Post-offer – NYC
• When employers can consider information:
– During initial interview or thereafter – Buffalo
– After initial interview – Rochester
– Post-offer - NYC
40. New York City
40
• Job advertisements cannot express any limitation
based on arrest or conviction record (e.g., no
“criminal background check required”)
• Provide copy of inquiry to applicant
• Solicit information necessary to perform analysis
under Article 23-A
• Perform analysis under Article 23-A and provide
copy to applicant
(http://www.nyc.gov/html/cchr/downloads/pdf/FairCh
ance_Form23-A_distributed.pdf)
• Allow reasonable time to respond (at least 3
business days) and hold position open
41. Best Practices
41
• Provide disclosure during hiring process
• Obtain authorization during hiring process
• Authorization should apply to hiring process and during
employment
• Provide written pre-adverse and post-adverse action
notices
• Wait a reasonable time before taking adverse action
• Maintain forms for disclosure, authorization, and pre-
and post- adverse action notices
42. Best Practices (cont.)
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• Review litigation record of CRA
• Ensure strong indemnity language in contract with CRA
• Ensure contract allows employer access to background
check data
• Ensure contract clearly outlines CRA’s responsibilities
and processes
• Separate compliance requirements for CRAs
44. Please Contact Us …
Kevin J. White
Washington, D.C., Houston (202-955-1886)
Lindsay B. Velarde
Washington D.C. (202-955-1860)
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We also invite you to visit the Hunton Employment & Labor Perspectives™ blog at www.huntonlaborblog.com.