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Supreme Court: Title VII Forbids Third-Party Retaliation

WASHINGTON, D.C. - (Mealey's) An employer may not use third-party reprisal as a means of retaliating against the third party's fiancée, an employee who filed a discrimination claim, and the third-party employee has standing to sue the employer, a unanimous U.S. Supreme Court ruled Jan...

EEOC Announces New Guidance on Use of Criminal Background Checks Under Title VII-Focuses on Individualized Assessments of Past Crimes

Yesterday afternoon, the EEOC announced its long awaited, and, by employers, long dreaded, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII (along with a short and sweet Q&A ). The Guidance is not nearly as bad for employers...

Law in a Minute: Evidence of Applicant or Employee Convictions in Employment Decisions

I spoke this morning at a roundtable discussion regarding the use of criminal record information obtained through background checks and also data privacy and security at a Human Resources Committee roundtable hosted by the American Council of Engineering Companies of Arizona . It was a fun group...

Williams Mullen: U.S. Supreme Court Hands Down 2 Significant Cases for Employers

By David C. Burton On June 24 the United States Supreme Court handed down two significant and closely watched decisions affecting employers in Title VII cases. Both opinions came from a sharply divided court splitting five to four in both cases. The two cases were Vance v. Ball State University and...

Get in the Zone … the No-Blacks Zone

Does Title VII permit an employer to staff its stores based on the racial composition of its customers? That’s the question at the heart of EEOC v. AutoZone , currently pending in federal court in Chicago. In the lawsuit, the EEOC alleges that the auto-parts retailer transferred African-American...