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Uneven Discipline May Mean Big Headaches and Bigger Lawsuits

A longtime employee of the Secretary of State's office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct. ...

Third Circuit: Disparate Impact of Newark, NJ’s Residency Requirement

In Meditz v. City of Newark (PDF) [ an enhanced version of this opinion is available to lexis.com subscribers ], the Third Circuit concluded that the City of Newark, New Jersey's residency requirement may have unlawful disparate impact on non-Hispanic white applicants. The case was brought Gregory...

Foley & Lardner: EEOC's Credit Screening Loss Is Not Necessarily an Employer's Win

On January 28, 2013, a federal court in Ohio handed the EEOC a loss when it ruled in favor of several employers for their use of a third party to perform credit checks on candidates for hire. The EEOC claimed that the employers' use of credit histories in making hiring decisions violates certain...

10 Lessons from the EEOC's Spanking in the Freeman "Disparate Impact" Case

Has the EEOC ever read this book ? Maybe we should send them a copy. By now, you have probably heard about the latest spanking administered by the Honorable Roger W. Titus, U.S. District Court Judge for the District of Maryland, to the U.S. Equal Employment Opportunity Commission -- in a criminal...

The Lessons of EEOC v. Freeman – “Know When to Hold ’Em. Know When to Fold ’Em.”

I was going to skip past this opinion from the District of Maryland until I realized that it started with a reference to a classic country song and, therefore, it immediately moved up my list and became worthy of a closer read. World-renowned poker expert Kenny Rogers once sagely advised, “You’ve...