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Background checks and credit reports continue to provide fodder for class action lawsuits

Squire Sanders
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USA
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August 2 2012

On July 23, 2012, Plaintiff, Chiquita M. Warren filed a punitive class action against Defendant, Green Mountain Coffee Roasters, Inc., alleging the company used unauthorized consumer reports to reject otherwise qualified applicants, in violation of the Fair Credit Reporting Act (“FCRA”

The Sixth Circuit clarifies the narrow reach of McDonnell Douglas

Squire Sanders
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USA
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July 5 2012

Earlier this week, the Sixth Circuit resuscitated the individual claim and proposed class-action of Plaintiff-Appellant Kathryn Keys (“Plaintiff”), an African-American female who alleged that her former employer, Defendant-Appellee Humana, Inc. (“Humana”) engaged in a pattern of discrimination against African American managers and professional staff

The Sixth Circuit clarifies the reach of McDonnell Douglas

Squire Sanders
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USA
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July 3 2012

Yesterday, the Sixth Circuit resuscitated the individual claim and proposed class-action of Plaintiff Kathryn Keys, an African-American female who alleged that her former employer engaged in a pattern of discrimination against African American managers and professional staff

The divided Sixth Circuit affirms a "lamentable-but-benign" discrimination claim

Squire Sanders
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USA
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July 3 2012

A deeply divided panel upheld an award on Tuesday to Plaintiff Clifford Litton (“Plaintiff”), an African-American custodian who accused the Talawanda School District (“District”) of racial discrimination and retaliation when he was involuntarily transferred to a new school building and his request to transfer back was denied

Controversial “ambush” election rule held to be invalid

Squire Sanders
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USA
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June 19 2012

America’s National Labor Relations Board (NLRB), the agency responsible for conducting elections for union representation and with investigating and remedying unfair labor practices, faces new opposition in its effort to overhaul the union election process and reduce what it deems are “unnecessary” delays

The EEOC's new and improved (or at least more detailed) Enforcement Guidance on arrest & conviction records

Squire Sanders
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USA
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May 22 2012

As promised in a previous post, the Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance concerning the use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended

The NLRB's "ambush election" rule is now in effect

Squire Sanders
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USA
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May 2 2012

On December 22, 2011, the National Labor Relations Board adopted a final rule which significantly modified, in certain respects, the procedure for processing representation petitions

Sixth Circuit clarifies "honest belief" standard

Squire Sanders
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USA
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April 20 2012

On Tuesday, the Sixth Circuit resuscitated Plaintiff-Appellant Johnnie Brooks, Jr.’s (“Brooks”) claim under the Age Discrimination Employment Act, 29 U.S.C. 621 et seq., (“ADEA”) finding Brooks established a prima facie case of age discrimination and provided sufficient evidence of pretext to survive summary judgment

EEOC's guidance on background checks

Squire Sanders
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USA
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April 9 2012

In response to mounting concern over the use of criminal records and credit reports to screen potential employees, Commissioner Victoria Lipnic of the Equal Employment Opportunity Commission (EEOC) announced on March 13, 2012, that the EEOC is "likely" to issue new guidance to employers on the use of both criminal history and credit background checks in the near future

Sixth Circuit clarifies recent FLSA regulation change

Squire Sanders
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USA
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February 22 2012

When Plaintiff John Orton’s employer stopped paying his annual base salary, he brought suit under the Fair Labor Standards Act seeking unpaid wages and expenses