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Author Archives: Brian D. Carlson

Excused contractual non-performance based on COVID

As businesses have suffered and shuttered over the course of the COVID-19 pandemic, countless contractual obligations have gone by the wayside. In ensuing litigation, many businesses have sought to escape or limit their liability for contractual non-performance, citing various considerations ...

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Missteps with background check forms can be costly

A recent decision by a federal appellate court underscores the importance of ensuring that forms used in connection with employer background checks comply with the strict requirements of the federal Fair Credit Reporting Act. In Gilberg v. California Check Cashing ...

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Feds take aim at sexual orientation, gender ID bias

The federal government is taking aggressive action through various enforcement agencies to ban discrimination based on sexual orientation and gender identity. These efforts affect private employers, public employers and federal contractors. Accordingly, all employers should review their policies and procedures ...

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Employers ignore new EEOC guidance at their peril

The U.S. Equal Employment Opportunity Commission recently issued a formal “enforcement guidance” addressing the applicability of the chief federal employment discrimination statute, Title VII of the Civil Rights Act of 1964, to the use of criminal conviction and arrest records ...

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