More from my buddy, Matt Korn, on the costly battles caused by the EEOC’s war on criminal background checks:
Strike Two – The EEOC’s Failed Attempts To Limit Background Checks
Date: October 1, 2013
By Matthew Korn
(Labor Letter, October 2013)
On August 9, 2013, the EEOC suffered its second defeat of the year in litigation involving employer use of criminal and credit background checks for employment screening. A federal district court in Maryland held that the EEOC’s expert analysis was statistically flawed, unreliable, and insufficient to demonstrate disparate impact. EEOC v. Freeman.
The district court characterized the EEOC’s lawsuit as a “theory in search of facts to support it,” and held that “[s]omething more, far more, than what is relied upon by the EEOC in this case must be utilized to justify a disparate impact claim based upon criminal history and credit checks.” (Continue reading).