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The EEOC’s Latest Guidance on Using Background Checks: When Are Arrests and Convictions Fair Game for Employment Decisions?
Webinar – May 24, 2012
10:00 – 11:00 am CST
Presented by: Donna Eich Brooks
During this recent era of high unemployment, we have consistently heard that employer use of criminal histories would be subject to increasing scrutiny. On Wednesday, April 25th, the EEOC issued its updated Enforcement Guidance on the interaction between Title VII and an employer’s use of arrest and conviction records in employment decisions.
While Title VII does not prohibit an employer from requiring applicants or employees to provide information about arrests or convictions (remember that some states do limit requesting some of this information), it of course remains unlawful to discriminate in employment based on race, color, national origin, religion, or sex. Against the backdrop of the EEOC’s increasing focus on aggressive enforcement, the Commission has explained that its recent Enforcement Guidance simply builds on EEOC documents that have been around for over twenty years. Among other topics, the Enforcement Guidance discusses:
- How an employer’s use of an individual’s criminal history in making employment decisions could violate Title VII’s prohibition against employment discrimination;
- How arrest records can differ from conviction records, and what significance that difference carries;
- The applicability of Title VII disparate treatment and disparate impact analysis to this issue; and
- Best practices for employers.
In this one-hour webinar, we’ll review the Enforcement Guidance in the context of the applicable law. We’ll also cover how employers can best approach convictions and arrests so that they are maximizing their chances of ensuring a highly-qualified and well-performing workforce while minimizing exposure to costly administrative investigations.
Cost: $75 per connection site, with no limit on the number of participating attendees at each site.
This program has been approved for 1.0 hour of general recertification credit toward PHR, SPHR, and GPHR recertification through the Human Resource Certification Institute (HRCI).
The Latest from the NLRB
Webinar – June 26, 2012
10:00 – 11:00 am CST
Presented by: Richard I. Lehr and Frank F. Rox, Jr.
Topics to be included:
NLRB: An Adjunct of the AFL-CIO?
*How NLRB decisions have increased union organizing opportunities.
*New NLRB election guidelines: How would you prepare for a ‘quick’ election?
*NLRB limitations on employer entrepreneurial rights.
*How the NLRB is becoming the “appeal from HR” board.
*Update regarding litigation over notice-posting, appointments and NLRB cases.
Cost: $75 per connection site, with no limit on the number of participating attendees at each site.
Effective Supervisor® 2012 Series
We know everyone is looking for ways to cut costs right now - in every industry and at every level. However, in
our opinion, these economic times are exactly the wrong time to cut the budget for legal compliance training.
What we have learned from past economic fluctuations is that charges of discrimination and lawsuits climb when
the economy falls. Combine investing less in training your supervisors with a climate where workers who are
terminated cannot readily find another job and you might just have the perfect formula for a spike in employment
claims and managing litigation.
In addition to preventing management mistakes that could create legal claims after a termination, effective training
can help establish an important affirmative defense in the litigation of discrimination claims. As a result, cutting
supervisory training could actually end up costing companies far more than they initially save.
We have a proven, cost-effective training approach with our Effective Supervisor programs. Although we update
and refine the material every year, this will be the thirteenth consecutive year we have offered this course. Over
the years, over 5,500 managers and supervisors have participated in this program, which focuses on enhancing
the knowledge and confidence of supervisors and managers in handling employee issues and employer
compliance responsibilities. We teach from the perspective of the employer's rights; our goal is that supervisors
leave empowered about their jobs, not scared of the laws. Our evaluations over the years tell us our approach is
working.
This program has been approved for 6.0 hours of (General) recertification credit toward PHR, SPHR and GPHR
recertification through the Human Resource Certification Institute (HRCI).
The seminars will be from 8:30 a.m. to 4:00 p.m. and the 2012 schedule is as follows:
Birmingham, Alabama
September 18, 2012
Bruno's Conference Center, St. Vincent's
Huntsville, Alabama
September 26, 2012
U.S. Space and Rocket Center
Cost:
1-2 attendees: $150 each;
3-9 attendees: $135 each;
10 or more attendees: $110 each
For full details and registration, click here.
Or for more information you can contact Diana Ferrell at dferrell@lehrmiddlebrooks.com
LMV Receives Top Super Lawyers and Chambers Ratings
We are pleased and proud to announce that five of our attorneys were recognized by "Super Lawyers" in their 2011 ratings of labor, employment and benefits attorneys. Richard I. Lehr, David J. Middlebrooks, Albert L. Vreeland, II, Michael L. Thompson and Matthew W. Stiles were rated as super lawyers, a rating fewer than 5% of all attorneys receive.
LMV was recognized by The Chambers 2011 Client's Guide to America's Leading Lawyers for Business as a tier 1 firm in our field, the fifth consecutive year we have received such recognition. Chambers stated that "interviewees are quick to praise this team's strong negotiation style and proactive advice..."
Conscientious that ratings such as these are a reflection of our friends' and clients' confidence in us, we thank you. We know we are "terminable at will," and we work daily to exceed your expectations.
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News |
D.C. District Court Grants Injunction Temporarily Blocking Election Rule Changes
May 2012
Late in the day on May 14, 2012, the U.S. District Court for the District of Columbia ruled that the National Labor
Relations Board's December 2011 decision to amend its election procedures is invalid because the Board did not
have a statutorily required quorum in adopting the rule changes. See Chamber of Commerce v. NLRB (Dist. D.C.,
05/14/2012).
Stop The Presses: NLRB Poster Rule Enjoined
April 2012
The Court of Appeals for the District of Columbia Circuit late yesterday issued an emergency injunction to postpone the April 30, 2012 effective date of the NLRB posting requirement.
Pro-Union New Year's Resolution?
President Obama's "Recess" Appointments to the NLRB
January 2012
President Obama has appointed three members to the National Labor Relations Board. Sharon Block (D), Richard Griffin (D), and Terence Flynn (R) were appointed to fill three vacancies on the five-member board. Sharon Block is currently the Deputy Assistant Secretary for Congressional Affairs at the Department of Labor and previously worked for the late Senator Edward M. Kennedy for the Senate HELP Committee as Senior Labor and Employment Counsel.
Seminars View our events calendar for upcoming training opportunities and recorded session.
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