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New Acting Chair, LGBTQ Rights: EEOC in the News

Posted by Ryan Howard on Fri, Feb 03, 2017

The Trump administration is making policy and leadership changes prompting more headlines regarding the Equal Employment Opportunity Commission. In the spirit of keeping VeriFirst readers informed, through our blog posts and social media (follow us on Twitter for current news), we've consolidated a few headlines that may be of interest for employers.

EEOC in the News

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Topics: Human Resources, employee relationship management, EEOC Compliance, discrimination, lgbtq

EEOC: Workplace Retaliation is Not Okay

Posted by Ryan Howard on Fri, Sep 16, 2016

Let's say you're working for an organization and you frequently notice workplace discrimination. These practices could be in the form of wage differences between genders, discrimination because of age, race, national origin or even sexual orientation. As an employee, you want to be able to confront management about unfair practices, especially as they are protected under various laws. Then you notice that you're passed over for a promotion, demoted or even fired with little or no reason given. This is workplace retaliation.

The EEOC has released new guidance against workplace retaliation. Here's what employers need to know.

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Topics: workplace bullying, employee morale, employee relationship management, EEOC Compliance, Employment Law

Assessing Criminal Records in Employment Decisions

Posted by Ryan Howard on Sun, May 15, 2016

The Obama administration has recently proposed that federal agencies prohibit all inquiries about an applicant's criminal background until after the employer has extended a job offer. The Ban the Box imitative and the growing support behind the initiative allows those with criminal histories a fair chance at employment. Four years ago, the EEOC also asked employers to consider specific guidance when assessing an applicant's criminal history.

Employers recognize that they must make changes with regards to criminal background checks and hiring practices but many aren't sure where to begin.

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Topics: hiring employees, EEOC Compliance, criminal background check, background check policy

In the News: Equal Employment Opportunity Commission (EEOC)

Posted by Ryan Howard on Fri, Oct 23, 2015

EEOC in the Headlines

Star Wars and Back to the Future aren't the only stories in the headlines this month. The EEOC recently filed 62 lawsuits during the month of September alone. In fact, they filed more lawsuits this past fiscal year than they did in the previous year. A majority of the lawsuits were Title VII with race discrimination lawsuits up year over year. Interesting to note, current EEOC litigation involves cutting edge suits that test the boundaries of the law. Here are the latest EEOC headlines.

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Topics: Employee Background Screening, FCRA Compliance, EEOC Compliance, Employment Law

How to Avoid EEOC Claims and Litigation

Posted by Ryan Howard on Fri, May 08, 2015

 

With the recent release of fiscal year enforcement and litigation data from the EEOC for 2014, it is clear that too many companies are involved with EEOC claims and litigations. The financial costs of this litigation are two-fold: the cost of the actual lawsuit and the cost of paying damages to the employee. These costs still don't factor in the cost to your human resources or legal department in terms of employee morale and job satisfaction. The best strategy for any business is to prevent the claim altogether. 

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Topics: hiring employees, Employment Background Screening, EEOC Compliance

A Holiday Gift: Introducing ComplianceCloud for Employee Screening

Posted by Ryan Howard on Mon, Dec 23, 2013

 

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Topics: Employee Background Screening, Human Resources, E-verify, Form I-9, hiring employees, Employment Background Screening, FCRA Compliance, EEOC Compliance

Screen for the Position: HR Guide to Safe Hiring and Cost Management

Posted by Ryan Howard on Thu, Jul 18, 2013

In college, I was a Communications major with a focus in broadcast journalism. I recall something a professor said to me in one of my post production (editing) courses. In reference to the importance of having good material (footage) to use in the edit bay, he told me the best cameramen will always "Shoot for the edit".

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Topics: Adverse Action Notice, Job Related Background Screening, FCRA Compliance, Cost of a Background Check, EEOC Compliance

Felons Have the Right to Work Too: Job Related Background Screening

Posted by Ryan Howard on Wed, Jun 26, 2013

Avoiding a Deny-All Policy

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Topics: Human Resources, Job Related Background Screening, Employment Background Screening, FCRA Compliance, EEOC Compliance

EEOC's Enforcement Guideline for Employment Decisions Under Title VII

Posted by Chris Bilko on Thu, May 10, 2012

Has your company taken action to insure you are in compliance with the new EEOC Guidelines? 

The EEOC (Equal Employment Opportunity Commission) issued it's Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 on April 25, 2012. The new guidance consolidates and supersedes the policy statements issued by the commission in 1987 and 1990. The Guidance focuses on employment discrimination based on race and national origin. The most important parts to note is that the guidance discusses the two following topics: Arrest vs. Conviction Records, and Disparate Treatment and Disparate Impact Analysis under Title VII.

Arrest and Conviction Records

As stated by the guidance, "The fact of an arrest does not establish that criminal conduct has occured, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question. In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular conduct. In certian circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision."

Disparate Treatmeant and Disparate Impact Analysis Under Title VII

As stated by the guidance, "A violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin. An employer's neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII, and may violate the law if not job related and consistent with business necessity.

What does this mean for you the employer?

This means that your company should develop a matrix that weighs the crime against the job that the applicant is applying for. For example, company policy should differ for applicants applying for managerial positions vs. clerical positions vs. maintenance positions. After the matrix has been created for each job type. The company needs to stay consistant for each position to insure that they do not discriminate from one applicant to another. It is important to note that your company should NOT have a deny all policy. Meaning that if any conviction record is found during the investigation that you deny the applicant no matter the level or type of the offense. Their is alot to consider during the employment background screening process. VeriFirst is here to help.

All of VeriFirst's clients receive a VeriFirst Compliance Double Check on each applicant free of charge. VeriFirst takes pride in knowing that all of our clients will have the tools necessary in staying compliant with the FCRA and the EEOC. Please contact us for more information to see how VeriFirst can help your company stay compliant.  

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Topics: Employment Background Screening, EEOC Compliance