Category: Employment Law

Obama’s EEOC runs amok

The Equal Employment Opportunity Commission (EEOC), th agency that enforces federal anti-discrimination laws, shook up employers and the employment defense bar when it issued new “guidelines” on employers’ use of arrests and convictions in making hiring decisions. In short the EEOC decided: “An employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal [...]

National Association of Professional Background Screeners Responds to EEOC

National Association of Professional Background Screeners Responds to EEOC’s Guidance on the Use of Criminal Background Checks for Employment Screening Purposes Schaumburg, Illinois (April 26, 2012) – The National Association of Professional Background Screeners (NAPBS®) – The Voice of Screening Professionals – issued this statement on guidance released by the Equal Employment Opportunity Commission (EEOC [...]

EEOC’s Update of the Use Of Criminal Records

The EEOC has updated their idea of  “Employer Best Practices” as outlined below:   VIII. Employer Best Practices The following are examples of best practices for employers who are considering criminal record information when making employment decisions. General •    Eliminate policies or practices that exclude people from employment based on “any” criminal record. •    Train [...]

Negligent Hiring by Nursing Homes

PHILADELPHIA, PA, April 15, 2012 — In the article Criminals in Nursing Homes, it was stated that federal data  had found up to 90 percent of all nursing homes employ people who have been  convicted of at least one crime. The article quoted the findings of this federal  investigation to state that “no federal law [...]

Facebook Condemns Companies that Require User Passwords

On March 23, 2012 Erin Egan, Facebook’s Chief Privacy Officer, commented about password requests: “If you are a Facebook user, you should never have to share your password, let anyone access your account, or do anything that might jeopardize the security of your account or violate the privacy of your friends.” In case you haven’t [...]

FTC Releases Report on Protecting Consumer Privacy Recommending that Data Brokers be Regulated

The Federal Trade Commision Release a report that recommends businesses adopt best practices to protect consumer privacy. The report also suggests that Congressconsider enacting data broker legislation. The FTC is calling on data brokers to be more transparent in their operations, as well as to disclose how they collect and use consumer data. The FTC [...]

Recruiters Advice Regarding Social Media Checks

Recruiters want to know the best advice for their clients who are choosing to use social media for the purpose of employment screening. The use of social media resources can arguably be the basis of a negligent hiring claim. Employers are up against multiple pitfalls including privacy, discrimination and accuracy issues. So what is the [...]

Facebook Condemns Practice Of Employers Demanding Employee Passwords

In response to the controversy surrounding the practice of employers requesting Facebook log-in information from both current and prospective employees, the social network has made itself perfectly clear: Facebook will protect your privacy — even if it means going to court. In a March 23 note on the social network’s Facebook and Privacy page, Chief [...]

Medford, Oregon Jury Slams Broker for Negligent Hiring – $1.68 Million in Punitive Damages Awarded

On March 1, 2012 a Medford jury rendered a verdict in a wrongful death case against a broker for $10,000 in non-economic damages (aka pain and suffering) and $1,678,000 in punitive damages. Although the jury also found the driver liable for $40,000 in non-economic damages and $3,471,000 in punitive damages, the lessons to be learned [...]

Attorneys go After Bad Background Checks

Dear readers: I came across this email pasted below and thought it is something you all should be aware of. Just when we thought it was safe to go back into the water, here is what I predict to be the first in a new area of Plaintiff’s pursuits: *************************Begin Law Offices of Devin H. [...]