Tag Archives: EEOC

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

Yet another hair-brained EEOC suit gets batted down by the courts. A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporations random alcohol testing of probationary employees at one of the companys most … Continue reading

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EEOC Reboots: Expect Fewer, More Thorough Investigations

HR folks sometimes applaud when I discuss the Peoplemark case in my presentations. Maybe this signals the end of “shoot first, aim later.” The agency filed too many cases that it had not investigated carefully, using discovery to identify victims, … Continue reading

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Business risks rise in criminal history discrimination

To avoid missteps, the EEOC suggests that companies consider three things: how long ago the crime was committed, the nature of the crime and how the crime might relate to the job. The agency also said companies should also give … Continue reading

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Employer Successfully Blocks Another “Incredibly Broad” EEOC Subpoena

Another good court decision for employers! “The EEOC is entitled only to evidence that is ‘relevant to the charge[s] under investigation’” and that “nationwide recordkeeping data is not ‘relevant to’ charges of individual disability discrimination filed by two men who … Continue reading

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Ishimaru’s Resignation Changes Dynamics of EEOC

Ishimaru’s resignation is the likely reason for the EEOC’s recent rash of controversial actions. Once he is gone, the EEOC will be gridlocked between Commissioners more favorable to business interests and those who are favorable to continued expansion of protected … Continue reading

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Chamber Wants Review Of EEOC Background Check Guidance

The EEOC has clearly been uncomfortable with (if not outright hostile to) employers’ use criminal records and credit reports for some time. They’ve lost some pretty big cases because they couldn’t statistically demonstrate that the use of these tools had … Continue reading

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Class Action Suit Dismissed Because EEOC Failed to Properly Investigate Before Suing

Another court renunciates the EEOC’s “shoot first, ask questions later” approach to litigation. Those facing an EEOC charge in which the Commission has failed to fully investigate the claims later asserted in federal court may now have a strong defense … Continue reading

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Maybe not all “shoulder surfing” is bad

According to TV station WAVY, the Virginia State Police requires applicants to log into their social media accounts and then a VSP representive reviews their content (called “shoulder surfing”). The ACLU is challenging the practice. There are employers who, when hiring … Continue reading

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Employment Background Checks: How Far Is Too Far? : NPR

This is a transcript of Neal Conan’s interview with Caleb Garling of Wired and Steven Kane of Kane Partners about the use of social media in conducting background checks, particularly the rare but sensational request for applicants’ Facebook passwords. Excerpt: … Continue reading

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Facebook Doesn’t Want Employers Asking For Users’ Passwords – Forbes

This includes many of the issues I cover in my Business Case for Social Media in HR presentation. Facebook Doesn’t Want Employers Asking For Users’ Passwords – Forbes.

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