For the seventh year in a row, retaliation claims top the list of the EEOC’s most frequent charge against employers. With over 90,000 charges filed in 2016, 45% of the claims involved retaliation against an employee that either involved adverse action or discharge. The trend to file against employers for retaliatory action shows no end in sight. 2016 saw almost 5,000 more charges than 2015, with more than $482 million in recovery received from employers in the private sector and government agencies.
Ban the Box: LA and Beyond
The Los Angeles Fair Chance Initiative for Hiring (Ban the Box) became law in January 2017. This new initiative will impact employers in LA, but may have far-reaching effects. With employment legislation, California often leads the nation in trends and enforcement, so employers across the country may want to take heed. The ordinance prohibits employers from inquiring about criminal history until a conditional job offer has been made.
Starbucks, Home Depot, Wegmans, Lowes, Avis. What do these companies have in common? Lawsuits brought against them for improper criminal background checks. Class action and individual lawsuits are on the rise: nearly 4,000 last year alone.
While lawsuits are damaging, class action suits could be a death blow to your company. Grabbing the media spotlight, surging in SEO hits, class action suits have the potential not just to cost reparations and damages, they could damage your brand in the marketplace irreparably. As an HR Executive, that much media attention could mean the difference between having an office in the morning or considering a name change.
On the surface, withholding criminal history information from employers until late in the interview stage would seem to help African American and Hispanic men gain employment. But a recent study by The national Center of Economic Research ( in their October 2016 digest) claims just the opposite.