Weekly Industry News - Employment Law | American Conference Institute

Employment Law – EEOC background check guidance under fire, developments in Tennessee, Alabama, and federal employment law and more.

EEOC Background Check Guidance Under Fire – House Subcommittee on Workforce Protections Hears Testimony on Controversial Rules by Allison Goico Published on JDSupra

On June 10, the House Subcommittee on Workforce Protections heard testimony regarding the Equal Employment Opportunity Commission’s (EEOC) controversial background check guidance. Comments focused on the difficulties faced by employers in seeking to comply with the guidance, the potential risks to consumers and other employees when excluding applicants from certain positions, and the EEOC’s overly aggressive stance toward employers in devising and enforcing its policies… [ Read More ]

Developments in Tennessee, Alabama, and federal employment law by Matthew C. Lonergan Published on Lexology

Effective July 1, 2014, a new law (T.C.A. § 29-39-104) changes the exposure for Tennessee employers subject to the Tennessee Human Rights Act (“THRA”) and the Tennessee Public Protection Act (“TPPA”). The law limits compensatory damages in discrimination suits, eliminates the common law claim of retaliatory discharge, changes the proof necessary for whistleblower claims, and precludes individual liability of supervisors or agents of the employer… [ Read More ]

SCOTUS Says No Presumption of Prudence In ERISA Stock Drop Cases – Employee Retirement Income Security Act by Stacey Cerrone and Russell L Hirschhorn Published on National Law Review

Earlier today, in Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Courtdeclined to adopt the so-called Moench presumption of prudence pursuant to which many circuit courts had dismissed ERISA stock drop claims unless plan participants had pled allegations that the company’s economic situation was dire or the company was on the brink of collapse… [ Read More ]