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Social Media Background Checks as Discrimination

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. Last week, the Wall Street Journal reported on...

It's Still Illegal Not to Hire Someone Because They Have HIV

Twenty years ago, Tom Hanks won the Best Actor Oscar for his portrayal of Andrew Beckett, a man with AIDS fired by his law firm because of his condition. Last week, the EEOC announced that it has filed suit against Maxim Healthcare Services, a Pittsburgh medical staffing company, for its refusal to hire...

Do as I Say: The EEOC and Credit Checks

On October 10, 2010, the EEOC held a public hearing on the impact that the use of credit history has on employee selection and potential discrimination. The press release summarizing the hearing carried the by-line that some witnesses said the practice can have a disparate impact on minorities and is...

Sixth Circuit Sends Strong Signal to EEOC in Affirming Dismissal of Systemic Lawsuit

Last January, a Cleveland federal-court judge dismissed a race discrimination lawsuit brought by the EEOC against Kaplan Higher Learning. In that case, the EEOC challenged Kaplan’s use of credit reports in its hiring process as having a systemic disparate impact based on race. To support its claim...

Would You Rather Hire a Liar or a Criminal?

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 a criminal history on their resume, while a whopping...

Compliance Hiring Practices under the FCPA

Hiring practices under the Foreign Corrupt Practices Act (FCPA) are not often given much thought or widely discussed. They have come up for discussion more recently because of the issues surrounding the hiring of sons and daughters of foreign government officials most publicized with JPMorgan Chase &...

States Slowly Adopting Laws To Ease Ex-Felons' Path to Employment

by Rich Ehisen When Saun Hough got out of jail in 2012, he knew reintegrating into society wasn't going to be a cakewalk. Just 20 when he was convicted of second degree murder, he had since spent the better part of the last two decades behind prison bars. Now armed with an associate of arts degree...

States With Pro-Employee Laws: Ban The Box

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 application process, and only allow inquiries after...

States With Pro-Employee Laws: No Solicitation Of Employees Through Misrepresentation

I've written before about the possibility of suing an employer for fraud if they misrepresented the job. If you are lured into a job, specifically if you give up another job or move to accept the job, and the employer had no intention of keeping the promises they made, you may have a claim against...

5 Legal Traps for the Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers: Trap No. 5: Capturing all time worked for your non-exempt employees. We get so accustomed...

About That Employee You Hired…

by Kaitlin L. Hillenbrand Close your eyes and imagine a scenario. No, not the white sand beaches of the Caribbean. You aren’t on vacation. Instead, you’re stuck in the reality of HR, and your responsibility is to try and ramp up your company’s on-boarding efforts. So, your company...

Virginia Governor McAuliffe Issues 'Ban-The-Box' Order

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 history. The Senate approved similar legislation...

Beware the Digital Immigrant

Fortune Magazine has an interesting article concerning how employers are using a term-- digital native-- in hiring which could be construed as a preference for younger applicants much the way that "new grad" was used in the past. In 2001, Marc Prensky wrote an article entitled Digital Natives...

Can We Stop With the Age-Based Stereotypes?

Is “digital native” the latest code term for “young”? A hot topic for the past few days, after an article on the subject appeared in Fortune , has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital...

Survey Shows Many Hiring Managers Are Not Bashful About Trolling Applicants Online

It’s funny. (Not “ha ha!” funny. Just, employment-law blogger, wry-smile funny). I read different surveys about social media and hiring and the numbers vary greatly. For every survey that indicates that employers are not using social media to vet candidates, you get the one I...

New Poll Reveals Continued Risk in Googling Job Applicants

According to a recently published Harris Poll , 52 percent of employers use social media to research job candidates. This number is up from 43 percent in 2014 and 39 percent in 2013. What information are employers looking for? 60 percent are looking for information that supports their qualifications...

New York City Mayor Signs Law Prohibiting Discrimination in Employment Based on Consumer Credit History

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 decisions. Specifically, on May 6, 2015, New York...

"Ban the Box" Comes to Oregon

by Kyle Abraham On June 25, 2015, Oregon joined the growing list of states to pass a “Ban the Box” law. “Ban the Box” refers to a law prohibiting employers from asking an applicant to check a box on the employment application if he or she has ever been convicted of a crime...

Do Your Hiring Practices Live Up to the SEC’s New Expectations?

This article was reprinted with permission from FCPA Professor As highlighted several times on FCPA Professor, there are two distinct questions that can be asked in connection with many instances of Foreign Corrupt Practices Act scrutiny and enforcement. The first is whether, given the DOJ’s...

Hiring in Compliance, Part II – Candidate Sourcing

This week I am presenting a series on hiring in the compliance industry based on interviews I did with Maurice Gilbert, the Managing Partner at Conselium Partners LP. These interviews will be broadcasted on my podcast site, fcpacompliancereport.com, my YouTube channel – FCPA Compliance and Ethics...

Hiring in Compliance, Part III – Presentation of Job Opportunity to Potential Candidates

This week I am presenting a series on hiring in the compliance industry based on interviews I did with Maurice Gilbert, the Managing Partner at Conselium Partners LP. These interviews will be broadcasted on my podcast site, fcpacompliancereport.com, my YouTube channel – FCPA Compliance and Ethics...

Hiring in Compliance, Part IV: The Interview Process

I continue my series of blog posts on the hiring process in the compliance field based on a series of interviews I did with Maurice Gilbert, the Managing Partner at Conselium Partners LP. These interviews are being broadcasted on my podcast site, fcpacompliancereport.com, my YouTube channel – FCPA...

Hiring in Compliance, Part V: The Offer and Conclusion

I conclude my series of blog posts on the hiring process in the compliance field, which have been based on a series of interviews with Maurice Gilbert, the Managing Partner at Conselium Partners LP. These interviews are being broadcasted on my podcast site, fcpacompliancereport.com , my YouTube channel...

A Bipartisan “Ban the Box” Bill is Introduced in Congress

Some states and cities have made it illegal to ask about criminal convictions on job applications. A new bill introduced last week in both the U.S. House and Senate called the Fair Chance Act may “ban the box” across the country for all federal agencies and federal contractors. With limited...

Employers’ Duty to Help Returning Veterans “Get on the Escalator”

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 to work after having taken more than 90 days of...