WASHINGTON, D.C. (December 14, 2012) On Friday, December 7th, Jackson Lewis Partner Garen E. Dodge provided testimony before the U.S. Commission on Civil Rights in support of the appropriate use of criminal background checks in employment.
The Commission initiated the December 7th briefing to assess whether the Equal Employment Opportunity Commission’s April 2012 Enforcement Guidance (available here) or other prohibitions or limitations on the use of criminal background checks encourage or discourage re-entry by former offenders into the job market.
“It is my firm and unequivocal belief that the use of criminal background checks in employment is in the decisive interests of both employers and employees,” said Dodge, who appeared on behalf of Jackson Lewis as well as the Council for Employment Law Equity (CELE). “In addition, evidence strongly supports the conclusion that record checks ultimately are in the strong interests of ex-offenders in terms of positively influencing their opportunities for re-employment and re-integration into society.”
Dodge was critical of portions of the EEOC’s guidance that he said place employers in a difficult dilemma. According to Dodge, the approach articulated in the EEOC’s guidance could make it more difficult for companies to avoid liability for negligent hiring and protect other workers, customers and assets. Dodge also noted the EEOC has now launched a number of aggressive enforcement actions against companies that screen out applicants with disqualifying criminal backgrounds.
For more information, please contact Garen Dodge at DodgeG@jacksonlewis.com or (703) 483-8323.
About Jackson Lewis
Founded in 1958, Jackson Lewis, dedicated to representing management exclusively in workplace law, is one of the fastest growing workplace law firms in the U.S., with over 700 attorneys practicing in 49 locations nationwide. We have a wide-range of specialized practice areas, including: Affirmative Action and OFCCP Planning and Counseling; Disability, Leave and Health Management; Employee Benefits Counseling and Litigation; Global Immigration; Labor, including Preventive Practices; General Employment Litigation, including Class Actions, Complex Litigation and e-Discovery; Non-Competes and Protection Against Unfair Competition; Wage and Hour Compliance; Workplace Safety Compliance and Corporate Diversity Counseling. In addition, Jackson Lewis provides advice nationally in other workplace law areas, including: Reductions in Force, WARN Act; Corporate Governance and Internal Investigations; Drug Testing and Substance Abuse Management; International Employment Issues; Management Education; Alternative Dispute Resolution; Public Sector Representation; Government Relations; Collegiate and Professional Sports; and Privacy, Social Media and Information Management.
For the 11th consecutive year, Jackson Lewis has been recognized for delivering client service excellence to the world’s largest corporations, once again earning a spot on the BTI Client Service A-Team. Jackson Lewis has also been recognized by in-house counsel in a comprehensive survey by BTI Consulting Group as both a “Powerhouse” and “Standout” in employment litigation. In addition, Jackson Lewis is ranked in the First Tier nationally in the category of Labor and Employment Litigation, as well as in both Employment Law and Labor Law on behalf of Management in the U.S. News – Best Lawyers ® “Best Law Firms,” and is recognized by Chambers and Legal 500. As an “AmLaw 100” firm, Jackson Lewis has one of the most active employment litigation practices in the United States, with a current caseload of over 6,500 litigations and approximately 415 class actions. And finally, Jackson Lewis is a charter member of L & E Global Employers’ Counsel Worldwide, an alliance currently of 14 workplace law firms in 14 countries.
Additional information about the firm can be found at www.jacksonlewis.com.
For more information, please contact:
Lara Hamm
T: (703) 483-8373
Email: hamml@jacksonlewis.com