Category Archives: class actions/systemic investigation

Have you Prepared For Third Party Embarassment Tactics?

The areas of labor, employment, and safety exposure which present very real threats to the distribution industry. There are several reasons for this increased focus on these types of business: ■Distribution is a huge market for plaintiff lawyers who want … Continue reading

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The EEOC and OSHA Are Expanding Their Focus To the Whole Company … All of It.

An EEOC “systemic” investigation can be as miserable as a class action lawsuit for employers.  As we have discussed before, the EEOC has encouraged its management and investigators to scrutinize single claimant EEOC charges for possible expansion to a burdensome … Continue reading

Posted in class actions/systemic investigation, discipline and discharge, discrimination, EEOC, employer policies, government inspections, OSHA | Leave a comment

EEOC Loses (Again) On Criminal-Background Checks

  EEOC Loses (Again) On Criminal-Background Checks Date: September 1, 2013 By Edward Harold (Retail Industry Update, No. 3, September 2013) Last year, we wrote about the EEOC’s then-new guidance on the use of criminal-background checks in hiring decisions. [“Using … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, EEOC, employer policies, hospitality, retail | Tagged | Leave a comment

Will the EEOC Treat You Like A Criminal For Asking About Criminal Records?

A few practical ruminations…. Many of us remain a bit surprised that even the EEOC has so many problems with employers refusing to hire applicants with criminal records. certainly there are problems, but do the inquiries really warrant class action-type … Continue reading

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Heed Those Warnings About EEOC Systemic Investigations!

The EEOC Is Serious About Systemic Enforcement, and These Cases Are A Pain!  We have increasingly warned employers about the EEOC’s increased focus on “systemic litigation.”  While the systemic program started in 2006 under the Bush Administration, the Obama Administration … Continue reading

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