Articles and Blogs

State Attorneys General Criticize EEOC Guidance on Criminal Background Checks Ever since the EEOC issued its “updated” Enforcement Guidance on the use of criminal background checks in April 2012, employers have struggled to understand exactly what could be asked and used in screening candidates for employment.  (See our article “Arrest and Conviction Records –... READ MORE

When EEOC’s Statistics Are Unreliable – Case Fails For many employers, conducting a criminal history or credit record check on a potential employee is a rational and legitimate component of a reasonable hiring process.  This is how a federal district court judge started his opinion that went on to rake the EEOC over the coals for... READ MORE

A New Indiana Criminal Records Law Affects Employers A new Indiana law (House Enrolled Act No. 1482) that protects the rights of individuals whose arrests and convictions have been expunged by court order will take effect on July 1, 2013.  This new law will affect employers in Indiana because it prohibits employers from discriminating... READ MORE

Last April, we told you about the EEOC’s updated Enforcement Guidance regarding an employer’s use of arrest and conviction records when making employment decisions.   On January 29, 2013, the OFCCP issued its own guidance on this topic in the form of Directive 306.  Federal contractors and subcontractors who are being investigated by OFCCP should... READ MORE

Background Checks and Notice Forms The Fair Credit Reporting Act (“FCRA”) imposes numerous notice obligations on employers who use third-party companies to conduct background checks on their employees and job applicants.  Among other requirements, all job applicants must be informed explicitly: 1) that a background check will be conducted on them; 2) given the opportunity... READ MORE

Last year a new Indiana law [I. C. 35-38-8-7] went into effect that allows persons convicted of non-violent misdemeanors and certain felonies to petition a court to restrict access to the records and, if the court grants the petition to, according to the law, “legally state on applications for employment and any other document... READ MORE