Avoiding Discrimination in Company Recruitment and Hiring Practices

September 27, 2017 11:45am

Brian Arbetter

Norton Rose Fulbright US LLP

Tracy Richelle High

Sullivan & Cromwell LLP

  • In litigation with the EEOC, as well as private litigation, what kinds of evidence is being most highly considered in determining that there is a disparate impact caused by a company’s pre-employment background/ criminal/credit check policies? Tips and best practices for defeating such claims
  • Discrimination claims based on the channeling or steering of individuals into specific jobs due to their status in a particular group (racial, ethnic and religious groups, older workers, women, people with disabilities, etc.)
  • Claims based on job segregation and/or restrictive application processes
  • The latest court responses to disparate impact challenges to employers’ criminal records policies
  • The impact and current status of the “ban the box” movement on criminal records policies
  • Navigating the distinctions between federal and state laws governing the running of criminal history and credit checks; exceptions and loopholes employers and their counsel should know about in defending against disparate impact claims based on criminal and credit checks
  • Defending against disparate impact claims based on employer use of online job applications
  • Tips, strategies and best practices for avoiding discrimination when using social media tools in your recruiting and/or hiring process; the key theories of liability in these claims and strategies for defending against them