Employment Law Blog

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Showing posts for: Hiring

Photo of Jon Benson
Feb 16 2017
Hiring 

Employer violated FCRA by including waiver in disclosure form for background check

The U.S. Ninth Circuit Court of Appeals recently ruled against an employer who included a waiver of liability in the same document that contained a disclosure statement required by the Fair Credit Reporting Act (FCRA).

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Photo of Jodi Slavik
Feb 06 2017
Q&ADisabilityHiringTermination & Resignation 

Q&A: Think twice before revoking job offers based on red flags

Question: We just found out our new hire was fired from his last job for bad attendance, after which he sued the company for disability discrimination. We’re worried he’s not a fit. Can we revoke the conditional job offer?

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Photo of Jackie Marks
Sep 01 2016
HiringImmigration 

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2,…

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Photo of Christine Meadows
Jul 08 2016
Q&AHiring 

“Ban the Box”: Can I still ask applicants about criminal backgrounds in Oregon?

Question: Can Oregon employers still ask applicants if they have ever been convicted of a crime?

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Apr 18 2016
Harassment & DiscriminationHiring

DFEH of California issues guidance on transgender rights

The California Department of Fair Employment and Housing (DFEH) recently issued new guidance for employers regarding transgender rights in the workplace. In order to be protected by the law, a transgender person does not need to complete any particular step in a gender transition (social or medical). The new guidance…

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Photo of Lorraine Hoffman
Jan 13 2016
Harassment & DiscriminationHiring 

New guidance for employers conducting internal I-9 audits

In an effort to ensure that employers follow best practices and do not engage in discriminatory practices, the US Justice Department’s Civil Rights Division and the Department of Homeland Security’s US Immigration and Customs Enforcement (ICE) have issued joint guidance for employers who choose to conduct internal audits of their Form I-9s to ensure that the audits are conducted properly and do not discriminate against employees.

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Photo of Jodi Slavik
Sep 15 2015
Q&AHiring 

What should we do if an employee has missing I-94 information?

Q: While doing an I-9 audit, I discovered missing information for an employee’s Form I-94, which is the arrival/departure record that a foreign visitor receives when entering the United States. When I asked the employee, he says he does not have a Form I-94. What should I do?

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Photo of Sean Brown
Jul 17 2015
Hiring 

Why you should review the content of your company’s background check disclosure forms

Home Depot recently settled a class action lawsuit that alleged Home Depot violated the Fair Credit Reporting Act (FCRA) by including, among other things, a release of liability on the form it used to disclose and authorize the running of a background check.

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Photo of Karen Davis
Jun 03 2015
Harassment & DiscriminationHiring 

Alert: Request for religious accommodation not required, says Supreme Court

A Muslim woman who wore a head scarf when she applied for a job at an Abercrombie & Fitch clothing store didn’t have to specifically request a religious accommodation to the store’s “Look Policy,” ruled the U.S. Supreme Court.

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Photo of Jon Benson
May 11 2015
Q&AHiring 

Designate representative to review remote employee’s I-9 documents

Question: We hired a remote worker and don’t have someone to review I-9 documents or complete the form in person; what should we do?

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