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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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  • 31
  • July
  • 2018

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U.S. Immigration Visas: A Bureaucratic Wall is Being Built

United States Citizenship and Immigration Services (“USCIS”), the governmental organization that administers the country’s legal immigration system, recently released data regarding visa denials and requests for evidence (“RFEs”) for the fourth quarter. And if you are an employer who regularly seeks immigrant visas for newly hired positions, the news is not good.

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Is Brazil Blazing a Trail on Employment Arbitration?

Adding an arbitration provision to an employment contract has been a familiar practice for many HR professionals in the United States. That’s unlikely to change, particularly since the U.S. Supreme Court recently upheld employment arbitration agreements barring class actions, see Epic Systems Corp. v. Lewis. But what about the rest of the world? Although arbitration of commercial claims is mainstream on the global stage, that’s not the case when it comes to employment disputes. A recent development in Brazilian law could perhaps start a new trend.

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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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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