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Log In / Register | Jul 27, 2016

Fifth Circuit Slams the Door on Criminal Record Discrimination Lawsuit

The United States Court of Appeals for the Fifth Circuit has rejected an unsuccessful job applicant’s claim that he was denied employment because of his criminal record. The Plaintiff in Noris Rogers v. Pearland School District unsuccessfully argued that his history of felony convictions for drug offenses, including the sale of heroin, amounted to race discrimination under a disparate impact theory of liability.

Subway Franchisee Settles EEOC Claims over Firing HIV-Positive Worker

Image: EEOC

INDIANAPOLIS - A Subway franchisee has now settled a 2015 discrimination lawsut brought by the Equal Employment Opportunity Commission for firing a worker who was HIV positive. 

Supreme Court to Employers: Ignorance of Religious Practice Is No Excuse

Title VII of the Civil Rights Act of 1964 ("Title VII") prohibits employment discrimination based on religion, and imposes on employers a proactive duty to accommodate religious practice that may conflict with workplace practices, as long as the religious practice does not impose an undue hardship on the employer.

EEOC Blasted for “Slipshod” Work of “Expert Witness” in Background Check Lawsuit

The Equal Employment Opportunity Commission ("EEOC") last week suffered a major defeat in its aggressive litigation offensive against employers using criminal and credit background checks. In an excoriating opinion affirming a lower court decision in EEOC v. Freeman, the United States Court of Appeals for the Fourth Circuit held that the expert witness on which the EEOC entirely bases its theory of liability conducted "slipshod work" and is "utterly unreliable".

EEOC Targets Mandatory Arbitration Agreements in Lawsuit against Restaurant Franchisee

A Florida company that owns franchise restaurants, such as Applebee’s and Panera Bread, has been sued by the Equal Employment Opportunity Commission (“EEOC”) for making its employees sign mandatory arbitration agreements. 

7-11 Franchisee Should Have Quit The First Day

Baher Albarqawi had a really bad first week: former employees stole $50k in money orders the first day, and on the third day he was robbed at gunpoint.

Tattoos and Piercings Still Viewed Negatively in the Workplace

In my 2011 article The Employee with the Dragon Tattoo< I addressed some of the employment law issues facing employers as new generations of employees enter the workplace. While tattoos have become more mainstream, particularly among members of Generations “Y” and “Z”, this type of self-expression is unlikely to be an asset in career advancement.

EEOC Files Suit over Employer Use of Criminal Background Checks

In an opening salvo following its recently revised enforcement guidelines, the Equal Employment Opportunity Commission (“EEOC”) has filed suit against two major employers, a national retail chain and an international automobile manufacturer. It alleges the companies used criminal background checks to disproportionately exclude African-Americans from their workforces.

Surge in ADA Disability Lawsuits to Continue in 2013 with Restaurant and Foodservice Employers in Crosshairs

For 2013, food service employers can expect a continued aggressive approach from the Equal Employment Opportunity Commission (“EEOC”) as to violations of the Americans with Disabilities Act (“ADA”) in the restaurant industry.  The significant increase of ADA charges and lawsuits by the EEOC and private claimants, which began in early 2012, shows little sign of abating in the new year.

EEOC Announces Targeted Enforcement Efforts in the Workplace

In the aftermath of the election, all employers should be mindful of the Equal Employment Opportunity Commission’s ("EEOC") recently announced Strategic Enforcement Plan ("SEP") for 2013 – 2016.