April 2012

On September 26, 2009, Deshun Carter was barbequing in front of his house with his mother, father, and wife.  Two officers arrived and told him to turn down the music coming from his vehicle.  Carter immediately complied and told the officers that he was sorry for the music and wasting their time.  He identified himself as the owner of the house and the vehicle, and gave the officers his identification.  When an officer turned to run warrant checks, Carter stepped back toward his grill because his meat was burning.  The officer became irate and shouted, “Where the fu** do you think you’re going – I’m not done with you yet.”

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The EEOC updated its guidance regarding how criminal records can be used by employers in hiring decisions.  The EEOC reaffirmed that – in some instances – an employer’s use of an individual’s criminal records when making employment decisions will violate Title VII’s ban on employment discrimination.

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