January

Rep. Tim Walberg (R-MI), Chairman of the House Subcommittee on Workforce Protections, introduced two bills on September 10 aimed at curbing the Equal Employment Opportunity Commission's authority. The first measure, theLitigation Oversight Act of 2014 (H.R. 5422), would require the EEOC to approve, by majority vote, all lawsuits or interventions in lawsuits involving multiple plaintiffs or an allegation of systemic discrimination or a pattern or practice of discrimination. The new legislation would make it more difficult for the EEOC to pursue this initiative, although it is not expected to advance. The second measure, the Certainty in Enforcement Act of 2014 (H.R. 5423), takes aim at the EEOC's updated 2012 enforcement guidance on criminal background checks. Many in the business community have faulted the EEOC's stance regarding an employer's consideration of an applicant's criminal record in making hiring decisions. Both bills have been referred to committee.

At the Federal Trade Commission's request, a U.S. district court in Florida has temporarily halted a diploma mill that allegedly grossed more than $11 million from marketing and selling fake high school diplomas online to consumers nationwide. The FTC's lawsuit seeks a permanent injunction to stop the deceptive practices and to return ill-gotten gains to consumers. The complaint alleges that the defendants violated the FTC Act by misrepresenting that the diplomas were valid high school equivalency credentials and that the online schools were accredited. The FTC says the defendants actually fabricated an accrediting body to give legitimacy to the diploma mill operation.

The use of criminal background and credit history checks in hiring could be overhauled under two new bills quickly gaining steam in the New York City Council. One bill would prohibit employers from asking a job applicant about past criminal convictions until after they have already been offered a job. A second bill would make it illegal to use a person's credit history in hiring decisions. Both bills have gained support in the council to be veto-proof, according to Councilman Brad Lander who sponsored the credit history bill and Councilman Jumaane Williams who sponsored the criminal background check bill. The criminal background check bill is set for hearing on December 10.