Melissa Siebert

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Employees can have their transfer and sue you too!

By Melissa Siebert and Mark Norris on Posted in Discrimination
A recent court decision allows employees who request a lateral transfer to later change their minds and sue for discrimination based on the very transfer they sought. So an employer’s claim that it merely gave the employee what he or she asked for is no defense. In Deleon v. Kalamazoo Cnty. Rd. Comm’n, the Sixth … Continue Reading

Illinois Joins Ban-The-Box States; New Jersey May Be Next

Photo of Todd LebowitzBy Todd Lebowitz and Melissa Siebert on Posted in Background Checks
Illinois Criminal background questions on employment applications will no longer be permitted in Illinois, effective January 1, 2015. On July 19, Governor Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to prohibit private employers from asking criminal history questions at the initial application stage. Illinois joins Hawaii, Massachusetts, Minnesota, … Continue Reading

EEOC’s Battle Against Employee Releases Heats Up

By Dennis Duffy and Melissa Siebert on Posted in EEOC, Retail
In February, we commented on the EEOC v. CVS Pharmacy, Inc. case, where the EEOC filed a “pattern or practice” lawsuit against CVS in Illinois federal court, claiming that CVS’ employee releases discourage the filing of EEOC charges and cooperation with the EEOC in investigations.  As we previously noted, the EEOC is challenging several release … Continue Reading

President Obama Directs the DOL to Attack FLSA Exemptions

Photo of Joel GriswoldBy Joel Griswold and Melissa Siebert on Posted in Department of Labor, FLSA, Wage and Hour
Everybody is talking about it – President Obama’s announcement at the end of last week that existing overtime regulations be “modernized” and “streamlined” – but what exactly does this mean?  The answer is, only time will tell. In the “Presidential Memorandum” entitled “Updating and Modernizing Overtime Regulations,” the White House states that “regulations regarding exemptions … Continue Reading

Criminal Background Checks: The Saga Continues

By Melissa Siebert on Posted in Background Checks, EEOC
In the past few weeks there have several noteworthy decisions regarding employers’ use of criminal background information to make hiring decisions.  In one case, EEOC v. Peoplemark (6th Cir., Oct. 7, 2013), the Sixth Circuit handed the Equal Employment Opportunity Commission (EEOC) a significant bill for attorneys’ and expert fees exceeding $750,000, when the court found … Continue Reading

State Attorney Generals Challenge EEOC Criminal Background Check Lawsuits

By Melissa Siebert on Posted in Background Checks, EEOC
As we reported in our July 15, 2013 blog post, the Equal Employment Opportunity Commission (EEOC) recently filed class action lawsuits against Dollar General and BMW  challenging those employers’ use of criminal background checks.   Specifically, the EEOC alleged that Dollar General’s and BMW’s application of background check policies had a racially discriminatory impact on applicants … Continue Reading

EEOC Files Two Race-Based Class Action Lawsuits on Criminal Background Checks

By Melissa Siebert on Posted in Background Checks, Discrimination, EEOC, Retail
On June 11, 2013, the Equal Employment Opportunity Commission (EEOC) filed separate class action lawsuits against two employers – Dollar General Stores and BMW – alleging that these employers engaged in racial discrimination by using criminal background checks to disqualify applicants from employment.  The BMW case filed in South Carolina has a 69-person class, and is location specific.  … Continue Reading
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