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Sunday, October 02, 2022

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Update: Dollar General and Equal Employment Opportunity Commission (EEOC) Resolve 6-Year Long Suit Involving Background Check Process! A Good Reminder to Evaluate Your Screening Process!

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We alerted you in early November to the motion filed to settle this suit. On November 18, 2019, the EEOC announced that the litigation is settled. While Dollar General is steadfast that their process is legal, and admits no wrongdoing, the settlement includes strict criteria to follow going forward concerning their screening process. This lawsuit is a good reminder to review your screening process to ensure compliance with Federal, State and local laws. We’ve compiled some great resources to assist you here.

The Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse goes live January 6, 2020. Do you employ commercial drivers and know your responsibilities?

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The FMCSA Drug and Alcohol Clearinghouse will go live on January 6, 2020. The law, MAP-21 or Moving Ahead for Progress in the 21st Century Act was passed more than seven years ago, in 2012. The Clearinghouse provides the ability to identify and track commercial drivers who violate the FMCSA drug and alcohol testing program.

Currently FMCSA-regulated employers are required to proactively research the drug and alcohol testing record history of any covered commercial driver, in safety-sensitive positions, they intend to employ, using a look back period of three years. The Clearinghouse will make it easier for employers to verify driver history.

Quest Diagnostics – New Oral Fluid Guidelines for Federal Drug Testing!

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Our partners at Quest Diagnostics posted about the Mandatory Guidelines for Federal Workplace Testing Programs – Oral/Fluid which was published by the Substance Abuse and Mental Health Services Administration, HHS, on October 25, 2019. The guidelines take effect on January 1, 2020 and we wanted to be sure to share it with you.

Dollar General and Equal Employment Opportunity Commission (EEOC) File Motion to Settle Suit, Originally Filed in 2013, Involving Background Check Process!

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Law 360 reports that Dollar General and the EEOC filed a motion to settle a suit that was originally filed more than 6 years ago. In the suit the EEOC claims Dollar General’s applicant screening process creates disparate impact on black applicants. The Law 360 post states that Dollar General defends their process and denies any discrimination against African-Americans. The article goes on to say that Dollar General’s belief is that the EEOC claims are unfounded, but they are happy to have a resolution, and will continue to employ steps to ensure the safety of property, customers and employees. Law 360 also reports that the motion filed includes a $6 million settlement payment by Dollar General. The case is Equal Employment Opportunity Commission v. DolGenCorp LLC (1:13-cv-04307), District Court, N.D. Illinois, and more information can be found here.

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