Posts Tagged: disparate impact

Court Rules Against EEOC in ‘Disparate Impact’ Case

In a stunning setback to the credibility of the EEOC’s enforcement of employers’ use of credit and criminal records, on August 9th, Judge Roger Titus of the U.S. District Court for Maryland dismissed the nationwide pattern or practice lawsuit brought by the EEOC against Freeman, Inc. The EEOC had alleged the corporate events service provider unlawfully… Read more »

The Hidden Impact of ‘Disparate Impact’

If you have been following our posts about disparate impact, you are familiar with the fact that the EEOC has stepped up efforts to enforce rules around employment discrimination based on it. Disparate impact may occur when a company’s employment policies have disproportionate “adverse impact” on members of a protected class under Title VII of… Read more »

EEOC Sues for “Disparate Impact” Discrimination in Companies’ Use of Criminal Background Checks

In what may amount to test cases based on its revised guidelines for the use of criminal background checks in hiring, the EEOC has filed discrimination lawsuits against BMW and Dollar General for employment practices.  Employers who have not modified background screening and HR policies to reflect these revised guidelines are wise to pay attention…. Read more »

The Real Impact of Employment Credit Reports is Not What You Think

Credit scoring is widely used in the underwriting and pricing of mortgage and consumer credit, and the credit information used to derive these scores is commonly used in employment screening for certain sensitive positions. Despite their widespread use, credit scores and credit histories raise concerns over an unfair disadvantage to minority populations. These concerns center… Read more »

Despite Rumors, Employment Credit Reports Still Not Prohibited by Federal Law

Earlier this week, a U.S. District Court in Ohio granted summary judgment to Kaplan Higher Learning Edu. Corp., et al, in a case that underscores the difficulty the EEOC faces in proving a case against employers for the discriminatory use of credit reports in the hiring process.  The EEOC filed suit against Kaplan alleging that… Read more »