Monday, August 27, 2012

A Reversal of Scrutiny- Questions Raised Over the EEOC’s Background and Credit Check Policies


DATE:  August 27, 2012
 SUBJECT:  A Reversal of Scrutiny- Questions Raised Over the EEOC’s Background and Credit Check Policies


On August 14, 2012, the U.S. District Court for the District of Maryland, arbitrated by Judge Charles B. Day, rendered a decision in the case of EEOC v. FreemanIn this case, the EEOC alleged the Defendant’s use of criminal background checks resulted in discrimination adversely impacting African-American, Hispanic, and male job applicants.  The case was then later expanded by the EEOC alleging the Defendant’s use of the aforementioned procedures resulted in a nationwide pattern of discriminatory behavior. After several unsuccessful attempts at conciliation and limited discovery in the Plaintiff’s suit, the Defendant filed a motion for partial summary judgment, which the Court granted.  In the case of the nationwide claim by the EEOC, the Defendant contended that the expansion of the investigation should be temporally delineated from the date of the original charge under Section 706 of Title VII, allowing a 300-day statute of limitation.  Granting partial summary, the district court held that the “relevant date” for purposes of the 300-day statute is the “date of notice of the new charges.”

In a unexpected twist relevant to the Defendants request in the previously mentioned statute, the Defendant served the EEOC with a Notice of Rule 30(b)(6) Deposition, requiring the EEOC to produce a representative to discuss the EEOC’s policies relevant to records in hiring.  To this petition, the EEOC argued that the reproduction of their policies was not pertinent to its claims and defenses, prompting the EEOC to ask the court for a protective order.  Ultimately, Magistrate Judge Day denied the EEOC’s motion and found that the Defendant’s deposition could produce information relevant to its arguments, in spite of three subsequent counterarguments by the EEOC.

Previously, Kairos discussed the EEOC’s Guidance on Employer Use of Arrest and Conviction Records, which placed new restrictions on employer use of background checks and credit reports for screening and employment decisions.  Given the development in this case and legislation passed in eight states, the future validity and vitality of these new laws remains to be seen...

Please forward questions and comments to:
Nick Paul
Special Projects Manager
Kairos Services, Inc.
Telephone 972-369-0015
Email 
experts@KairosServicesInc.com
Website 
www.KairosServicesInc.com

The content provided herein by Kairos Services, Inc. is for informational purposes only and not a substitute for professional advice.  You should seek independent advice from one of our professionals before acting upon any opinion or information contained in this mailer or our website.

Friday, August 24, 2012

US Census Bureau Releases Population Statistics for Persons with Disabilities


DATE:  August 24, 2012
Subject:  US Census Bureau Releases Population Statistics for Persons with Disabilities

US Census Bureau LogoLast month the United States Census Bureau released Americans With Disabilities: 2010, detailing US household reporting of persons living with disabilities.  The section below contains highlights of the report which may have noteworthy outcomes for federal contractors in the recruitment, hiring, and retention of persons with disabilities (PWDs) in the future.

National Disability Statistics
  • 56.7 million (18.7 percent) had a disability
  • 38.3 million (12.6 percent) had a severe disability
  • 12.3 million (4.4 percent) 6 years and older needed assistance with one or more activities of daily living (ADLs) or instrumental activities of daily living (IADLs)
Specific Disability Statistics
  • 7.8 million vision impairments
  • 7.8 million hearing impairments
  • 30.6 million had difficulty walking, climbing stairs, or using a wheelchair, cane, crutches, or walker
  • 19.9 million had difficulty with physical tasks relating to upper body functioning, including difficulty lifting and grasping

The content provided herein by Kairos Services, Inc. is for informational purposes only and not a substitute for professional advice.  You should seek independent advice from one of our professionals before acting upon any opinion or information contained in this mailer or our website.

Wednesday, August 1, 2012

Some Pictures of the Kairos Team in 2012








                        

The content provided herein by Kairos Services, Inc. is for informational purposes only and not a substitute for professional advice.  You should seek independent advice from one of our professionals before acting upon any opinion or information contained in this mailer or our website.