EEOC, FTC team up to provide tips on background checks

March 11, 2014 - by: Tammy Binford 2 COMMENTS

Employers and jobseekers alike are getting more direction on employer use of background checks with the release of two technical assistance documents from the Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC).

On March 10, the EEOC and the FTC copublished the documents, which are available on the agencies’ websites. The documents—Background Checks: What Employers Need to Know and Background Checks: What Job Applicants and Employees Should Know—explain how the agencies’ respective laws apply to background checks performed for employment purposes. The EEOC enforces employment discrimination laws, and the FTC enforces the Fair Credit Reporting Act (FCRA), which regulates how background checks are conducted and used.

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ECN attorneys get updates from top Washington officials, observers

April 17, 2013 - by: Tammy Binford 0 COMMENTS

The Employers Counsel Network (ECN), a group of attorneys from all 50 states, Washington, D.C., and Canada who specialize in employment law matters, is meeting April 24-26 in Alexandria, Virginia, to learn about the latest developments from Congress and the Obama administration that are of importance to employers.  

The attorneys, who represent employers on all types of workplace issues, will hear speakers outline the latest developments affecting employers, including presentations from government officials representing the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), and the National Labor Relations Board (NLRB).

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Categories: DOL / EEOC / NLRB / OFCCP / OSHA


EEOC plan reveals enforcement priorities

September 07, 2012 - by: Tammy Binford 1 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has released a draft of its Strategic Enforcement Plan (SEP) that spells out priorities such as stepped-up efforts against hiring discrimination and harassment, new protections for various vulnerable workers, preserving access to the legal system, and dealing with emerging issues like changes brought by the ADA Amendments Act.

Recruitment and hiring
The SEP says the EEOC will target class-based intentional discrimination as well as practices that seem neutral but adversely affect particular groups. The plan specifically mentions racial and ethnic minorities, older workers, women, and people with disabilities.

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EEOC Updates Guidance on Use of Arrest, Conviction Records in Employment

April 30, 2012 - by: Tammy Binford 0 COMMENTS

Background CheckThe Equal Employment Opportunity Commission (EEOC) has released new guidance related to employers’ use of applicant and employee arrest and conviction information.

The new guidance, approved in a 4-1 vote during a meeting on April 25, includes information on how an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against discrimination under Title VII of the Civil Rights Act of 1964. The new guidance explains that an employer’s use of criminal history must be “job related and consistent with business necessity.”

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Categories: EEOC

EEOC Issues Rule Clarifying ‘Reasonable Factors Other Than Age’

March 29, 2012 - by: HR Hero Alerts 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has issued a new rule aimed at clarifying when the “reasonable factors other than age” (RFOA) defense can be used in claims filed under the Age Discrimination in Employment Act (ADEA). The rule is to be published in the Federal Register on March 30.

A statement from the EEOC says the final rule clarifies that the ADEA prohibits policies and practices that have the effect of harming older individuals more than younger individuals unless the employer can show that the policy or practice is based on an RFOA.

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Categories: ADEA / EEOC

EEOC Issues New Guidance on Employing Veterans with Disabilities

February 29, 2012 - by: Tammy Binford 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has released new guidance addressing how changes to the Americans with Disabilities Act (ADA) affect the employment of veterans with disabilities.

One of the guides is aimed at employers, and the other is for veterans. Both are available at

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Categories: EEOC

New FMLA Certification Forms Available

February 16, 2012 - by: Tammy Binford 3 COMMENTS

The U.S. Department of Labor (DOL) has released new certification forms for leave under the Family and Medical Leave Act (FMLA). The new forms carry an expiration date of February 28, 2015, and replace forms that had a December 31, 2011, expiration date.

The new forms appear to be identical to the old forms except for the expiration date. They don’t include the “safe harbor” language required by the Genetic Information Nondiscrimination Act (GINA), which informs employees that they shouldn’t provide any genetic information when responding to any employer request for medical information.

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Categories: DOL / EEOC / FMLA / GINA

Employers Beware: EEOC Making New Strategic Plan

January 30, 2012 - by: Tammy Binford 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) is seeking comment through February 1 on a four-year strategic plan, and it’s important for employers to know what that plan means to them.

The draft of the 2012-2016 plan calls for the agency to:

  • fight employment discrimination through law enforcement;
  • prevent discrimination through education and outreach; and
  • improve delivery of services to the public. read more…

EEOC Claims Record Year in 2011

November 17, 2011 - by: HR Hero 1 COMMENTS

The Equal Employment Opportunity Commission (EEOC) is touting fiscal year 2011 as a record year for obtaining monetary settlements and taking in discrimination charges. Also, the agency said it finished the fiscal year on September 30 with a 10 percent decrease in its pending charge inventory, the first such reduction since 2002.

The agency released its Performance and Accountability Report on November 15. Here are some of the highlights: read more…

Categories: EEOC

Employers Warned to Include GINA Disclosure on FMLA Forms (video)

November 03, 2011 - by: HR Hero 0 COMMENTS

Employers have some new language to include on certain Family and Medical Leave Act (FMLA) forms because of the Genetic Information Nondisclosure Act (GINA), according to employment law attorney Stacie L. Caraway, who led an FMLA session at the October Advanced Employment Issues Symposium in Nashville, Tennessee.

Caraway says a one-paragraph statement is available on the Equal Employment Opportunity Commission’s (EEOC) website and tells doctors not to include any genetic information on the FMLA certification form. Including the EEOC language also gives employers a “safe harbor” showing that even if the doctor provides prohibited information, the employer didn’t violate the law.

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Categories: EEOC / FMLA / GINA

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