“Ban the Box” Policy in Arlington; Criminal History Minimized in Hiring
The Arlington County, Virginia government has adopted a “ban the box” policy. This policy delays criminal record inquiries until later in the hiring process. Proponents of the “ban the box” movement argue that considering criminal records early in the hiring...
Fourth Circuit: Employee Can File New Retaliation Claim with Related Discrimination Suit
In a recent decision, the United States Court of Appeals for the Fourth Circuit confirmed that a viable retaliation suit can proceed in federal court with an untimely discrimination claim. The retaliation claim need not be filed with the Equal...
Does an employer have to keep copies of resumes of all job candidates considered for employment, even those applying through the internet and job search websites?
Yes. Under the Title VII of the Civil Rights Act of 1964, private employers with 15 or more employees must keep copies of applicants’ resumes for 1 year after they are received or after the hiring decision, whichever occurs later,...
Can an employee sue for damages if an employer pays wages late?
Yes, according to a recent Court of Federal Claims decision that expands Federal wage and hour law to include a timeliness-of-pay requirement. The case involves a class action by federal employees forced to work during the shutdown (such as prison...
Can an employee be fired for conduct outside the office or in his or her personal life?
With the recent advent of “lifestyle discrimination” protection, the answer is increasingly becoming “no”. Lifestyle discrimination laws include various statutes enacted across the country spanning topics from tobacco use to personal morality. While exceptions exist, the law has generally grown...
Does a company that transfers disabled employees to light duty positions have to do the same for pregnant employees who are not disabled?
Yes, according to recent guidance of the Equal Employment Opportunity Commission (EEOC), although the issue is currently pending before the United States Supreme Court. The EEOC recently issued guidance that extends the protections of the Pregnancy Discrimination Act (PDA) beyond...
Can an employer have a blanket policy against employing individuals with criminal convictions?
According to the Equal Employment Opportunity Commission, an employer cannot have a blanket policy against employing individuals with criminal records. In 2012, the EEOC issued guidance stating that such policies have a disproportionately negative impact upon racial minorities. Prior to...
Does a company violate the law by hiring away an executive who is still under contract with another employer?
No, according to the 4th Circuit Court of Appeals. The 4th Circuit recently dismissed such a claim in its decision in Discovery Communications, LLC v. Computer Sciences Corporation, No. 13-1969. That case involved a chief accounting officer who allegedly breached...
Company May Be Liable for Failing to Stop Customer Harassment of Employee
A recent 4th Circuit decision opens up claims of employer liability for failing to prevent customer harassment of an employee. Finding that a negligence standard applies to such claims, the 4th Circuit held that the employer may have behaved negligently...