Hunt & Associates P.C.

Mar 1, 2016

When Administrative Agencies Break the Laws They Enforce Because Even They Don’t Know What They Mean – What Good Is Their “Expertise”?

Many laws give authority to administrative agencies to actually interpret and enforce particular laws. For instance, the Equal Employment Opportunity Commission (“EEOC”) is empowered to interpret and to enforce federal laws prohibiting wrongful discrimination in employment. The National Labor Relations Board (“NLRB”) is similarly responsible for the interpretation and enforcement of federal labor laws.

Agencies such as the EEOC and the NLRB often issue interpretive guidelines. Those guidelines are supposed to explain what the specific … Read more

Aug 20, 2013

Criminal Background Checks of Prospective Employees

The EEOC is currently attacking employers with policies disqualifying job applicants who have been convicted of crimes.  On June 11, 2013 the EEOC announced that it was initiating litigation in federal court in South Carolina against BMW Manufacturing Co., LLC and had just filed another federal court case in Chicago against Dolgencorp dba Dollar General.  In both cases the EEOC claims that the employer’s use of criminal background checks in the hiring decision is not … Read more