The FCRA doesn't regulate how employers use background checks but instead regulates the hoops through which an employer must jump to use legally obtain them.
Even though employers hold a legal privilege to provide a negative reference, the costs from potential litigation is enough of a deterrent to make negative job references almost non-existent.
If your business is a place of public accommodation, you should be training your employees on their obligations to accommodate disabled people.
While employees must think before they click, employers must think longer before they discipline for fire because of that click.
It appears that Ohio’s proposed off-duty conduct law is a whole lot worse for employers than Colorado’s similar (but very different) statute.
Diversifying the workforce is a worthy goal, but beware of the legal implications when importing overseas standards.
Unlike diamonds, email messages aren’t forever, but they are pretty darn close.
Federal judges, many of whom served in the military, do not look kindly when employers trample that sacrifice through acts of discrimination
If you do nothing other than apply a blanket policy, you will have a hard time showing a court that you engaged in the required individualized assessment.
Kevin Stuckey, an African-American, worked for AutoZone Inc. as a salesperson and then as a manager. During his employment, Stuckey was transferred to multiple stores in Chicago. Following his transfer in July 2012, in which his pay and job responsibilities were supposed to remain the same, Stuckey never returned to work. Instead he filed a U.S. Equal Employment Opportunity Commission charge of discrimination claiming that his transfer was initiated because of his race. The EEOC filed a lawsuit on Stuckey’s behalf, claiming that Stuckey’s transfer was part of a plan to “limit, segregate or classify” employees on the basis of race. The U.S. District Court for the Northern District of Illinois granted summary judgment to AutoZone, holding that even in a disparate impact case, the employees must show that they suffered an adverse action. The court held that there was no evidence that Stuckey’s transfer resulted in an objectively humiliating or degrading change in working conditions. EEOC v. AutoZone Inc., No. 14-cv-5579(Aug. 4, 2015).
IMPACT: Transferring employees to different locations is a legitimate business reason as long as it does not result in an objectively humiliating or degrading change in working conditions for the employee based on some protected classification such as race or sex.
Mark T. Kobata and Marty Denis are partners in the law firm Barlow, Kobata and Denis, which has offices in Beverly Hills, California, and Chicago.To comment, email email@example.com.