Hertz Corp. v. NLRB

**Hertz Corp. v. NLRB: Court Limits Union Access to Job Applicant Information** This case involved a dispute between a union and Hertz Corporation over access to job applicant data. The union wanted Hertz to provide information about people who had applied for jobs, likely to investigate potential discrimination in hiring practices. However, the union had not clearly explained to Hertz why they suspected discrimination before demanding this information. The National Labor Relations Board (NLRB) initially ordered Hertz to turn over the applicant data to the union. But the Third Circuit Court of Appeals reversed this decision in 1997. The court ruled that unions must first communicate a reasonable basis for suspecting discrimination to the employer before they can demand access to job applicant information. **What this means for workers:** This ruling makes it harder for unions to investigate potential hiring discrimination. Unions now must provide employers with specific reasons for suspecting unfair hiring practices before they can access applicant data. While this protects employer privacy, it may also make it more difficult for workers and unions to uncover discriminatory hiring patterns, since unions need some evidence of potential problems before they can get the information needed to prove discrimination actually occurred.