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Sunday, May 31, 2020

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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.

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.

The Senate was debating a bill for universal background screening on gun purchases yesterday just as the Saugus High School shooting in Santa Clarita, CA was unfolding!

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There has been a lot of backlash over H.R.8 - Bipartisan Background Checks Act of 2019 being stalled in the Senate for months. The tragic school shooting yesterday created even more fervor, exemplified by the fact that the bill was being debated as the shooting was occurring. If you would like more information, we found several articles discussing the topic, here, here, and here.

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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