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Managing the Modern Workplace
V&E International Labor & Employment Resources

Doing Background Checks Right (Part Three)

When talking about background checks in the first two parts of this series, we focused our attention on “consumer” or “investigative” reports an employer might obtain from a third-party company that specializes in doing background checks. This is because few human resources departments have the time or personnel resources to devote to checking court records in every jurisdiction where an applicant may have lived.

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Doing Background Checks Right (Part Two)

After complying with all of the procedural requirements of the Fair Credit Reporting Act, what are you going to do about that five-year old DWI conviction, the two-year old bad check conviction, or that very recent assault conviction that your recent star college grad applicant pled guilty to after getting into a barroom fight during Spring Break in his junior year?

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Cake Case Should Not Affect Employer Efforts to Eliminate Discrimination Against LGBT Employees

While the Supreme Court has not yet resolved the question of whether Title VII prohibits discrimination based on sexual orientation, I have previously noted in this blog that there are good legal — not to mention moral, and business, reasons — for employers to take steps to protect gay and lesbian employees and develop a culture that is welcoming to LGBT employees.

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  • 01
  • June
  • 2018

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Can an “Applicant” Be Discriminated Against When She Hasn’t Applied for the Job?

Under the California analogue to Title VII, the California Fair Employment and Housing Act (FEHA), it is unlawful for an employer to refuse to hire someone based on their “sex,” which includes a woman’s pregnancy status. Normally, to be eligible for protections under discrimination statutes like Title VII and FEHA in the hiring context, an individual needs to have at least applied for an open position. However, one California court of appeals indicated that, at least in some situations, FEHA sex discrimination may occur even when the plaintiff never applied for a position.

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Responding to #MeToo Part II: When the Alleged Harasser is in Charge

Continuing our discussion of #MeToo, Grace Ho, Counsel in our Employment, Labor & OSHA practice, addresses some key points companies should consider when there are allegations of harassment involving an executive or other high-level employee. Who should conduct the investigation and how will communications be handled? Grace further discusses the importance of proactively reviewing all employment agreements so that the company has sufficient flexibility in its response to potential harassment allegations.  

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Robert Sheppard

Robert Sheppard Associate