EEOC Announces New Guidance on Use of Criminal Background Checks Under Title VII-Focuses on Individualized Assessments of Past Crimes

Yesterday afternoon, the EEOC announced its long awaited, and, by employers, long dreaded, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII (along with a short and sweet Q&A ). The Guidance is not nearly as bad for employers...

Do as I Say: The EEOC and Credit Checks

On October 10, 2010, the EEOC held a public hearing on the impact that the use of credit history has on employee selection and potential discrimination. The press release summarizing the hearing carried the by-line that some witnesses said the practice can have a disparate impact on minorities and is...

Sixth Circuit Sends Strong Signal to EEOC in Affirming Dismissal of Systemic Lawsuit

Last January, a Cleveland federal-court judge dismissed a race discrimination lawsuit brought by the EEOC against Kaplan Higher Learning. In that case, the EEOC challenged Kaplan’s use of credit reports in its hiring process as having a systemic disparate impact based on race. To support its claim...