Tag Archives: Background Checks

“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon Faulty Statistical Analysis

On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to its lawsuit alleging that an employer’s background check program violated Title VII of the Civil Rights Act of 1964. EEOC v. … Continue Reading

Washington, D.C. Joins the Ban-the-Box Movement for Private Employers

The District of Columbia has passed one of the most stringent ban-the-box laws in the nation.  The D.C. law includes the typical prohibition on asking questions about criminal background during the application process, but it also adds a requirement, similar to New York State, that specific factors be considered before a conditional offer of employment … Continue Reading

Background Check Lawsuits: If It’s Not One Thing, It’s Another

As we previously have written, employer use of criminal records and background checks with respect to applicants and employees has been the subject of challenge on the grounds that such checks tend to discriminate against African-American, Hispanic, and male applicants.  Indeed, on July 1, a federal court in New York certified a class of unsuccessful … Continue Reading
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