EBI's Screening News Network Blog

For those of us without law degrees, court decisions are rarely an interesting read. That is not the case, however, with the recent decision from the Fourth Circuit Court of Appeals regarding EEOC v. Freeman. Not only did the three appellate judges decide to affirm the district court’s decision to throw out testimony from the EEOC’s expert Kevin Murphy, but they also affirmed the decision to grant summary judgment to Freeman. Judge G. Steven Agee even went out of his way to slap down the Commission and its so-called expert.

Last fall an NBC News/Wall Street Journal survey found that only 26 percent of Americans think the country is safer now than before 9/11. Nearly half of respondents say they think we are less safe than the day terrorists stole four airplanes out of the sky. Now CNN comes along with an investigation that says most U.S. airports are not conducting daily employee security screening for workers who have access to our nation’s planes.

Don’t ask about criminal history until the interview stage or until a conditional job offer has been extended.  Ban the Box seems pretty straight forward, but unexpected slip-ups have already led to citations and fines in Minnesota.  The state’s law went into effect on January 1st.  Over the course of the year the Minnesota Department of Human Rights has investigated more than 50 complaints about applications violating the ban the box law.

The Department of Transportation has very strict guidelines when it comes to drug testing people who work behind the wheel in a regulated industry.  Right now, urinalysis is the only universally accepted drug testing method allowed.  That means if a trucking company gets a positive test result for a driver, they are allowed to share the information with other employers in an effort to keep drivers from hitting the road under the influence.

I’m having a hard time deciding where to start this story. Do we begin with the fact that an accountant is accused of embezzling $8.5 million from a well-known aviation brand?  Or is the heart of the story the fact that Gulfstream, a subsidiary of the huge General Dynamics, hired a finance director without even a quick check into his background?

Are companies padding their bottom line by misclassifying workers as independent contractors?  Texas State Representative Senfronia Thompson (D-Houston) says this technique is used quite often, especially by construction companies.  She alleges they misclassify illegal immigrants so they don’t have to fill out the mandatory I-9 forms to prove an employee is legally allowed to work in the United States.