Controversial Guidance from EEOC Complicates Use of Criminal Background Reports

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. There has long been a debate about the consideration of criminal history in the hiring process. http://nelp.3cdn.net/e9231d3aee1d058c9e_55im6wopc.pdf However, this is the first guidance that the EEOC has provided on this topic in 20 years. The guidance does however reflect the EEOC’s long-held position that employers’ reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin. 

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Posted by Ron Raether
Business Litigation
May 2, 2012

California’s “Shine the Light” Law: Protecting Your Business from Class Action Plaintiff’s Lawyers’ Newly Found Weapon

Generally, the California’s “Shine the Light” law requires disclosure by any “business” that has disclosed “personal information” to “third parties” and knows or reasonably should know that the third party used the information for “direct marketing purposes.”  Cal. Civ. Code § 1798.83. The “Shine the Light” law became effective on January 1, 2005, and received little notice from plaintiff’s lawyers.  This appears to be changing.

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Posted by Brian Wright
Business Litigation
April 24, 2012

Data Breach: Public Relations and Communications Issues to Consider Subsequent to a Major Data Breach

Data breaches have affected numerous companies over the past few years.  Companies frequently mismanage their efforts to mitigate the effects of these breaches and do not have a complete and thorough understanding of the facts.  Such oversights and the failure to be proactive can potentially lead to public relation nightmares, as seen from some recent data breaches.

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Posted by Ken LeCroix
Data Security
April 21, 2012

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