Background Screening

The Justice Department recently announced that a settlement was reached with the owners and operators of an apartment community in Fremont , California . The lawsuit challenged a policy upheld by the complex which prohibited children from playing outside in the common grassy areas. It was argued through this litigation, that the actions of the defendants constituted a pattern or practice of discrimination against families with children residing on the property. Complaints were filed with the U.S Department of Housing and Urban Development by 5 families who claimed to be negatively impacted by the apartment policy. HUD investigated allegations and then issued a charge of discrimination against those responsible for initiating and maintaining the policy. “Federal law guarantees families with children the right to equal access to housing, including full access to their homes’ amenities and facilities,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights D...

Guidelines put into effect in 2012 by the Equal Employment Opportunity Commission have recently come under heavy scrutiny in front of the House Subcommittee on Workforce Protections. The guidelines are supposed to safeguard employees from workplace discrimination, however, many argue that they are doing a great disservice to employers.   Not only has there been significant uncertainty about what is considered to be justified pre-employment screening, but employers are now caught between two bleak options. They either risk EEOC violations by thoroughly screening potential employees, or limit their screening and increase the risk for employing a criminal. Either may have devastating results for their company. Rep. Tim Walberg, R-Mich., has said that these guidelines not only hinder the employer but could have a negative impact on the overall community: “In certain occupations, a background check of prospective employees is critical to public safety.”   These concerns a...