Bass Berry & Sims Labor Talk

Monthly Archives: April 2012

EEOC Issues Guidance on Criminal Background Checks

Posted in Discrimination and Harassment Law and Practice

On April 25, the EEOC approved enforcement guidance on an employer’s use of criminal background checks in making hiring decisions. By a 4-1 vote, the EEOC clarified that a criminal background check is not unlawful. BUT, the Commission explained its view that the use of criminal histories can be discriminatory in “impact” on minorities and… Continue Reading

Transgender Status Now Protected Under Title VII

Posted in Discrimination and Harassment Law and Practice

The EEOC recently ruled that Title VII’s prohibition of discrimination “because of . . . sex” now includes protection for any transgender individual. With this ruling, the EEOC expressly overturns earlier EEOC decisions to the contrary dating back to 1984, 1994 and 1996. Employers should be aware that, according to the EEOC’s current interpretation, any… Continue Reading

Sixth Circuit Recognizes Potential RICO Claim If Employees Wrongfully Denied Workers’ Compensation Benefits

Posted in Wage and Hour Law and Practice

Employees in Michigan, Ohio, Kentucky and Tennessee who believe they have been wrongfully denied workers’ compensation benefits now have a new weapon – RICO. In Brown v. Cassens Transport Co., 6th Cir., No. 10-2334, 4/6/12, five employees sued their employer, a claims adjuster and a doctor alleging conspiracy to deny them workers’ compensation benefits. The Sixth… Continue Reading

Demanding Social Media Site Passwords Now Illegal in Maryland

Posted in Labor Board Proceedings and Practice

Social media continues to gain attention in the employment law field.  From recent NLRB advice memoranda to Congress considering new legislation, to every employer now being advised to at least have a “policy” on social media, the news keeps pouring in. (Read this article by Eric Yaverbaum on The Washington Post blog, or this one… Continue Reading