Employers have seen increasing government intervention into the employment relationship. This intervention may come from new regulations or laws or from different interpretations of existing law. These developments are creating a new face of discrimination law and more avenues for potential lawsuits against employers.
For example, in the last few months, regulations or guidance have been issued regarding:
Employers also should analyze existing practices and evaluate the legitimate business needs for them. Companies may continue a practice out of habit; for example, they may routinely conduct criminal background checks on each new hire, without focusing on the business necessity for doing so for each hiring decision.
Undertaking an analysis of all of the company’s practices and policies helps weed out unnecessary ones. Moreover, for background checks, if an employer analyzes and documents the legitimate business reason for conducting the checks, it will help the company conform with the EEOC’s recent guidance.