Denver employers who want to stay compliant with the Fair Credit Reporting Act and off the radar of Equal Employment Opportunity Commission investigators may be interested in the following four strategies offered by a private investigator who works with an employee screening firm. First, it is important to point out that although performing a background check on a potential employee may appear to be one of the more obvious methods for narrowing down your applicant pool, they can bring unwanted attention from the EEOC.
A southern hospital is drawing attention for its policies against hiring employees who have a body mass index of 35 or higher. After the story was brought to the attention of a local news program, one reporter decided to look into the matter of whether it was legal to discriminate against employees based on their weight. According to a recent Yale University study, workplace discrimination against overweight employees, especially female workers, is as common as discrimination based on race.
More than 250 minority applicants of Leprino Foods Inc. will receive part of a $550,000 settlement agreement between the Denver-based company and the United States Department of Labor. The DOL accused the company of systematic discriminatory hiring practices when it rejected 253 minority applicants. The agreement settles the DOL's allegations that the use of "WorkKeys," a pre-employment screening test, was discriminatory.
A former deputy with the Douglas County Sheriff's Office has filed a lawsuit claiming employment discrimination when he was terminated in May of 2010. The lawsuit claims his termination was in violation of the Uniformed Services Employment and Reemployment Rights Act. His wrongful termination suit alleges Sheriff's Office supervisors made negative comments about the plaintiff's military service, including one comment from a supervisor that the plaintiff was letting his team down when he attended reserve duty.
This week's post is a continuation from last week on the EEOC's latest guidance document outlining when employers should request arrest records from employees and applicants, and how employers should use criminal background checks in their employment and hiring practices. Some surveys have shown that nine out of 10 employers are in the practice of subjecting all or some of their employment applicants to a criminal background check.
Denver area employers might be interested in the EEOC's latest guidance, which clarifies the EEOC's recommendations on when an employer should not request information about an applicant's criminal convictions on job applications and in hiring procedures. What all hiring managers need to know is that the EEOC requires an employer to have a legitimate business reason for asking a potential employee about their criminal conviction history.
Once an employee files an internal or EEOC claim of discrimination he or she may worry about retaliation from his or her employer. And, once a claim of employment discrimination is filed, every action taken by a supervisor or human resources personnel will be closely reviewed so it is important for employers to be aware of this while still being able to enforce the rules of conduct they expect each of their employees to follow.
A class action lawsuit has been filed that accuses a national pizza chain of violating the Fair Credit Reporting Act by running background checks on employees without obtaining the necessary authorization to do so, and not sharing those reports with employees or applicants. The suit also alleges that the company took adverse action against employees and applicants, including denial of employment and wrongful terminations.
The Americans with Disabilities Act was first passed in 1990 and the Department of Justice recently revised some of its standards, which went into effect last week. The Department of Justice's new revisions require businesses of both existing and newly constructed facilities to comply with these new standards.
It's no secret that the recession has been hard on Colorado businesses. Many have had to lay off workers, and even more have had to delay hiring until the economy improves. As a result, many Colorado workers have found it hard to find jobs.