Labor and Employment Law

Recent Posts

Would You Rather Hire a Liar or a Criminal?
Posted on 21 Apr 2014 by Jon Hyman

According to a recent survey conducted by background-screening company EmployeeScreenIQ , resume lies are more of a deal breaker for employers than past crimes. Of the 600 HR professionals surveyed 45 percent said that they routinely ding candidates with... Read More

Employers Who Demand Facebook Passwords. Oy Vey.
Posted on 3 Apr 2012 by Margaret (Molly) DiBianca

Employers who require job-seekers to turn over their Facebook passwords remain a mystery to me. Really, what are they thinking? As if the potential negative publicity alone is not enough of a deterrent, you'd think that employers would be aware... Read More

New York City Mayor Signs Law Prohibiting Discrimination in Employment Based on Consumer Credit History
Posted on 10 Jun 2015 by David S. Rich

Effective September 3, 2015, a new statute prohibits most employers in New York City, other than employers in the securities industry, from requesting or using an employee’s or a job applicant’s consumer credit history in making employment... Read More

Virginia Governor McAuliffe Issues 'Ban-The-Box' Order
Posted on 13 Apr 2015 by State Net

After lawmakers failed to come up with their own “ban-the-box” measure this session, Virginia Gov. Terry McAuliffe (D) issued an executive order last week that bars Old Dominion state agencies from asking most job seekers about their criminal... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of August 15, 2011)
Posted on 17 Aug 2011 by Foley & Lardner LLP

Recent Developments Highlight Need to Conduct Individualized Analysis of Criminal Background Checks By Larry S. Perlman As pre-employment criminal background checks have become the norm, employers must take care to ensure compliance with federal... Read More

New Federal Law Will Bar Employer Demands For Online Passwords
Posted on 30 Apr 2012 by Eric Meyer

A few weeks ago, as reported here , Maryland became the first state to pass legislation that would ban employers from demanding that employees or job candidates turn over their social media passwords. Could a federal law be soon to follow? Rep... Read More

Accommodating Disabled Job Applicants Is No Game
Posted on 21 Mar 2013 by Jon Hyman

When we think of employers' reasonable accommodation obligations under the ADA, we usually think in terms of accommodating current employees. The ADA, however, equally extends this obligation to job applicants. A recent lawsuit filed by the EEOC... Read More

Social Media Password Privacy in Michigan
Posted on 30 Jan 2013 by John Holmquist

Effective January 1, 2013, the Internet Privacy Protection Act went into effect. The law prohibits employers from requiring employees or applicants to grant access to; to allow observation of; or to disclose information that allows access to personal... Read More

Nepotism Is Not Illegal
Posted on 7 Feb 2012 by Donna Ballman

I probably get at least one inquiry a week from someone absolutely sure that they've been a victim of nepotism. The boss is hiring family members or friends. A family member is promoted even though she's incompetent or inexperienced. Or even... Read More

Social Media Background Checks as Discrimination
Posted on 2 Dec 2013 by Jon Hyman

I’ve long argued that employers take a risk when they use social media to vet job candidates without putting in place sufficient controls to prevent the disclosure of protected EEO information. Now, we have the empirical evidence to back me up.... Read More

The Digital Divide and Disparate Impact
Posted on 7 Feb 2012 by Jon Hyman

According to statistics recently published by Mashable , the digital divide-those who are connected to the Internet versus those who are not-is partially racial. 72% of white homes are connected to the Internet, as compared to only 57% of Hispanic... Read More

Calling for a Balanced Approach to Criminal Background Checks
Posted on 27 Jul 2011 by Jon Hyman

Yesterday, the EEOC continued its series of public meetings examining hiring practices as alleged employment barriers, covering employers' use of arrest and conviction records . According to the EEOC's press release , it is trying to strike... Read More

Employers’ Duty to Help Returning Veterans “Get on the Escalator”
Posted on 3 Nov 2015 by Steptoe & Johnson PLLC

by Mark G. Jeffries The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) is unique among employment laws, in part due to the affirmative obligations it puts on the employer. For example, when an employee returns... Read More

States With Pro-Employee Laws: Ban The Box
Posted on 21 Oct 2014 by Donna Ballman

Or, States That Don't Suck For Employees, Part VI You may have heard the term “ban the box” but not know what it means. These laws generally prevent employers from asking about applicant arrests or convictions at the beginning of the... Read More

Taking the Mystery Out of Bad Hiring Practices
Posted on 27 Jun 2012 by Margaret (Molly) DiBianca

Want some free anti-harassment and anti-discrimination training? Well, have I got a deal for you! Mystery Diners is a reality show on the Food Network. The show's concept involves a father-daughter team who pretend to be employees and/or customers... Read More

  • Blog Post: Calling for a Balanced Approach to Criminal Background Checks

    Yesterday, the EEOC continued its series of public meetings examining hiring practices as alleged employment barriers, covering employers' use of arrest and conviction records . According to the EEOC's press release , it is trying to strike a balance between workplace fairness and workplace...
  • Blog Post: Foley & Lardner Labor and Employment Law Weekly Update (Week of August 15, 2011)

    Recent Developments Highlight Need to Conduct Individualized Analysis of Criminal Background Checks By Larry S. Perlman As pre-employment criminal background checks have become the norm, employers must take care to ensure compliance with federal and state laws regarding use of criminal conviction...
  • Blog Post: Using Arrest and Conviction Records for Hiring. What Does the EEOC Say?

    The Peace Corps asked the EEOC for an opinion on the legality of its use of conviction and arrest records to screen potential volunteers. In response, the EEOC published an informal opinion letter , which offers guidance for employers who are considering using conviction or arrest as part of their...
  • Blog Post: Employers: Be Ready for New California Employment Laws that will Will Take Effect on January 1, 2012

    During Governor Arnold Schwarzenegger's term in office, very few employment- related bills were signed into law. That trend changed dramatically under Governor Jerry Brown, who recently signed a plethora of employment-related bills passed by the California State Legislature. The new laws, most of...
  • Blog Post: The Digital Divide and Disparate Impact

    According to statistics recently published by Mashable , the digital divide-those who are connected to the Internet versus those who are not-is partially racial. 72% of white homes are connected to the Internet, as compared to only 57% of Hispanic homes and 55% of African American homes. These...
  • Blog Post: Nepotism Is Not Illegal

    I probably get at least one inquiry a week from someone absolutely sure that they've been a victim of nepotism. The boss is hiring family members or friends. A family member is promoted even though she's incompetent or inexperienced. Or even worse, they complained about the incompetent family...
  • Blog Post: Flyer Claims Chick-Fil-A Asks Potential Hires About Sexual History

    Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states: Remember Chick-Fil-A is a Christian company. We...
  • Blog Post: Court Allows Plaintiff a Quick Peek into Defendant's Facebook Account

    A state court judge in Pennsylvania has come up with a new way to afford litigants access to social media as part of discovery in a pending civil action. Daniel Cummins at Tort Talk has the details: The Judge's page long Order does not provide the background on the case leading up to this Motion...
  • Blog Post: Twitter Job Search – Does It Discriminate?

    by Karen Elliott Has your company joined the Twitter job posting trend? If it has, you may unwittingly be discriminating against older applicants. While many of the 40 and older set have acclimated to Facebook and Linked-In, Twitter still appeals predominantly to the under 40 age group . While...
  • Blog Post: Relax! Businesses Don't Want Employee Facebook Passwords

    But, if you think they do -- maybe you read this article last week -- then I have a bridge in Brooklyn to sell you , sucker. Come on! The sky isn't falling. Demanding social media access from employees and potential hires and is most definitely the exception and not the rule. And I'll set...
  • Blog Post: Employers Requesting Facebook Passwords - The Backlash

    Last week, a widely circulated Associated Press article, Employers Ask Job Seekers for Facebook Passwords , generated a ton of controversy. The article includes stories of job interviewers requesting Facebook, and other social network, usernames and passwords - or, the slightly less intrusive practice...
  • Blog Post: Can We All Agree that Requiring Facebook Passwords Is a Bad Idea, and Move On?

    A lot of ink has been recently spilled in both the popular media and the blawgosphere over the apparent trend of employers requiring job applicants to turn over their Facebook passwords as part of the hiring process. The coverage has been so thick and the outrage so great that United States Senators...
  • Blog Post: Facebook Passwords: The New Unlawful Surveillance of the Work Place

    The subject of employer compelled disclosure of employee social media passwords has swept the blog and news worlds. Facebook has weighed in on the subject, and Senators Blumenthal and Schummer have asked the EEOC and the Department of Justice to investigate whether such demands violate current law. Jon...
  • Blog Post: Employers Who Demand Facebook Passwords. Oy Vey.

    Employers who require job-seekers to turn over their Facebook passwords remain a mystery to me. Really, what are they thinking? As if the potential negative publicity alone is not enough of a deterrent, you'd think that employers would be aware that there are potential legal implications, as...
  • Blog Post: More States Consider Facebook-Privacy Legislation

    Maryland was the first state to pass legislation prohibiting employers from requiring an employee or applicant to turn over his or her Facebook password or log-in information for other social-networking sites. On April 19, 2012, a similar law moved forward in the California state legislature...
  • Blog Post: 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...
  • Blog Post: New Federal Law Will Bar Employer Demands For Online Passwords

    A few weeks ago, as reported here , Maryland became the first state to pass legislation that would ban employers from demanding that employees or job candidates turn over their social media passwords. Could a federal law be soon to follow? Rep. Eliot Engel (D-N.Y.) has introduced legislation...
  • Blog Post: Fed. Legislation, SNOPA, Would Prohibit Facebook Snooping

    Employers who request an employee's or job applicant's Facebook password continue to face pushback in legislatures across the country. As I posted last week, several states have introduced bills that would prohibit this type of coerced Facebook access . These states are following Maryland's...
  • Blog Post: Facebook-Privacy Laws: Update

    Legislation, both state and federal, prohibiting employers from requesting an employee's or applicant's password continues to make progress. In Particular, the pending bills in California and New Jersey passed to the next level of their respective legislatures yesterday. The first two federal...
  • Blog Post: Taking the Mystery Out of Bad Hiring Practices

    Want some free anti-harassment and anti-discrimination training? Well, have I got a deal for you! Mystery Diners is a reality show on the Food Network. The show's concept involves a father-daughter team who pretend to be employees and/or customers at a target restaurant in order to help the owner...
  • Blog Post: Social Media Password Privacy in Michigan

    Effective January 1, 2013, the Internet Privacy Protection Act went into effect. The law prohibits employers from requiring employees or applicants to grant access to; to allow observation of; or to disclose information that allows access to personal internet accounts. The law does not prevent an...
  • Blog Post: Are Employers Really Asking for Social Media Logins and Passwords? [Survey]

    Last month, I discussed the recently introduced Ohio Senate Bill 45 , which would prohibit employers "from requiring an applicant or employee to provide access to private electronic accounts of the applicant or employee." As I've earlier noted, this bill has many problems . One of its...
  • Blog Post: Accommodating Disabled Job Applicants Is No Game

    When we think of employers' reasonable accommodation obligations under the ADA, we usually think in terms of accommodating current employees. The ADA, however, equally extends this obligation to job applicants. A recent lawsuit filed by the EEOC against Toys "R" Us illustrates this...
  • Blog Post: Your Rights Regarding Pre-employment Credit Checks

    Nevada has just joined the ranks of 9 other states that have outlawed the use of credit history to discriminate against potential employees. However, they're still a minority. Still, there's a clear trend in the states. According to the National Conference of State Legislators , "42...