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Friday, August 07, 2020

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At OPENonline, we notify you of the most recent background screening and investigative news with our timely news alerts, press releases, blog articles and legislative & compliance updates. If you are interested in submitting an article to appear on our website, please contact our marketing department.

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.

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.

Fifth Circuit decides EEOC’s Enforcement Guidance on Considering Criminal Records in Employment Decisions is Overreaching!

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The Fifth Circuit determined that the EEOC’s guidance on considering arrest and conviction records in employment decisions amounts to a substantive rule and the agency doesn’t have the authority to create such a rule. Furthermore, the Fifth Circuit cited that the EEOC ran afoul of the Administrative Procedure Act by failing to provide notice to the public or allowing an opportunity to comment.

Texas Challenges the Equal Employment Opportunity Commission (EEOC) on Limiting the Use of Criminal History in Employment Decisions!

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The state of Texas feels the EEOC is overreaching with their guidelines that restrict the use of criminal history in hiring decisions. Texas feels so strongly about it, that they have sued the federal government. The case is currently on appeal at the Federal 5th Circuit Court of Appeal where oral arguments are being heard.

The Society for Human Resources Management (SHRM) recapped the case here. The article also included additional information, news, and resources on the topic.

Webinar - Is Your Background Screening Program a Fixer Upper?

Tuesday, Jul 23, 2019, 2:00 PM - 3:00 PM EDT

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Please join us for our upcoming webinar. We will review the blueprint of employer requirements on background screening including EEOC, FCRA and Ban the Box and that you may have a background screening program that is a fixer upper.

Space is limited. Register here!

After registering, you will receive a confirmation email containing information about joining the webinar.

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About OPENonline

OPENonline is accredited by the NAPBS® Background Screening Credentialing Council and is the leading provider of background screening and investigative solutions. OPENonline offers a broad range of employment screeningdrug screening and employment eligibility verification services, including SelectHire®, a one stop solution for employment screening. The company is dedicated to helping customers save time and money by providing background information that is current, accurate and compliant with exceptional customer service. Each of OPENonline’s Safe Hiring Background Specialists are U.S. –based, FCRA certified and compliant with state and federal laws. For more information, contact us now »

If you would like access to any of our previous webinars, go here!

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