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EEOC Settles its First Discrimination Lawsuit Involving AI

The EEOC recently filed a $365,000 Joint Settlement Agreement with a tutoring company based on claims that the company used hiring software that automatically rejected applicants based on their age. While the EEOC has repeatedly issued guidance regarding the use of artificial intelligence (“AI”) in the hiring process and made it clear that eradicating discrimination stemming …

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EEOC’s Final Rule for Issuing Guidance for Employers

Good news for employers. While EEOC guidance is often useful for employers, the EEOC itself has been challenged for improperly legislating through guidance, without public comment, as well as treating their guidance as binding. In an effort to improve public awareness and understanding of the legal effects of agency positions, the Equal Employment Opportunity Commission …

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The EEOC is Cracking Down on Employers with Pre-Employment Physical Ability Tests

The EEOC’s Strategic Enforcement Plan (SEP) focuses, in part, on eliminating class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities. Since issuing the SEP, the agency has filed lawsuits against employers to ensure that there is a level playing field for women and individuals …

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Top 10 Background Screening Predictions for 2015

Criminals found in the workplace, sweeping changes in legislation regarding medical marijuana, high-profile cases of resume fraud, and increased number of class action lawsuits against businesses for non-compliance with employment laws — it’s no wonder so many employers realized the importance of professional background screening in 2014. 

Big Win for Employers- EEOC v. Kaplan Higher Education Corp

April 10, 2014 On April 9, 2014, a federal appeals court upheld the dismissal of the Equal Employment Opportunity Commission’s lawsuit against Kaplan Higher Education Corporation. The lawsuit between the EEOC and Kaplan has been lengthy and drawn out. In December 2010, the EEOC sued Kaplan in federal district court in Ohio, claiming that Kaplan’s …

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U.S. Commission on Civil Rights Inundated by Comments on EEOC Guidance

May 22, 2013 The U.S. Commission on Civil Rights (USCCR) held a briefing in December 2012 to assess the impact of criminal background checks and the EEOC’s guidance on the consideration of arrest and conviction records in enforcement decisions under Title VII and its impact on the employment of black and Hispanic workers. Hire Image, …

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Can you be forced to hire an ex-offender?

October 23, 2012 With high unemployment rates, employers are receiving more applications than ever before in an attempt to fill what limited job openings they have with the most qualified candidates. When reviewing applications, employers should be aware of the new federal protections in place for criminal ex-offenders. On April 25, 2012, the US Equal …

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