In 2012, the EEOC issued guidance to employers regarding the use of criminal background checks as a pre-employment screening process. link The Agency believed that the use of criminal background check would or could lead to a disparate impact on black job applicants. In its guidance, the Agency stated, “National data supports a finding that criminal record exclusions have a disparate impact based on race and national origin.
On Tuesday, in its continued effort to limit the use of background checks, the EEOC filed suit against Dollar General Corp and a U.S. unit of German auto maker BMW, AG alleging that the companies’ policies regarding the use of background checks had the effect of discriminating against black applicants.
Despite its actions, EEOC senior Counsel James A. Paretti Jr., speaking the American Bar Association ‘s Labor and Employer Conference, explained that the EEOC was not seeking to bar the use of criminal background checks but wanted employers to at least consider what it calls the “Green Factors” in making its employment decisions. In Green, the 8th Circuit identified three factors that it considered relevant to assessing the applicant’s criminal record as it related to the job being sought. They are:
- The nature and gravity of the offense or conduct;
- The time that has passed since the offense or conduct and/or completion of the sentence; and
- The nature of the job held or sought.
See Green v Missouri Pacific Railroad, 549 F.2d 1158 (8th Cir. 1977).
Employers are cautioned that the use of background checks without consideration of the “Green Factors” could lead to litigation by either a rejected applicant or the EEOC.
For more information on this case and other employment law related matters, please contact Brennan Donnelly at firstname.lastname@example.org
Employers with Federal Government contracts are affected by the final rule proposed by the USDOL. On September 24th the USDOL published two final rules in the Federal Register aimed at increasing hiring of disabled persons and veterans. The rules are effective on March 24th 2014 and federal contractors wil be required to comply with the new rules by that date. Both rules establish minimum goals for hiring disabled employees and veterans. You can view the new rule regarding veterans at
https://www.federalregister.gov/articles/2013/09/24/2013-21227/affirmative-action-and-nondiscrimination-obligations-of-contractors-and-subcontractors-regarding#h-6. You can view the new rule regarding disabled persons at
By: Brennan Donnelly
The U.S. Department of Labor issued a final rule implementing two important expansions of FMLA protections. In 2008 the FMLA was amended to provide employees with family members serving in the Armed Forces, National Guard and Reserves with FMLA leave for reasons related to their family members’ military service. In 2010 the FMLA was again amended, expanding the military-related leave protections. The FMLA was also amended to include a special eligibility provision for airline flight crew employees. Continue Reading →
Employers need to be aware of a new tool in the plaintiff’s employment lawyer’s arsenal: the Florida Minimum Wage Law (FMWL).
Although Florida voters passed the law in 2004 as an amendment to Florida’s Constitution, codified at Article X, Section 24, Florida Constitution, it has been largely ignored by the plaintiff’s bar until recently. The legislative implementation of the constitutional provision is found at §448.110, Florida Statutes.
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