BMW Manufacturing Co., LLC (BMW) entered into a consent decree with the EEOC regarding allegations that they discriminated against African American logistics employees through application of criminal background checks which had a disparate impact and led to said employees termination. You will recall that the issue in the BMW litigation involved the use of a contractor’s less restrictive background screening policy versus BMW’s more stringent policy at a facility in South Carolina. This led to allegations of race discrimination arising under Title VII of the Civil Rights Act of 1964. By entering into the consent decree, BMW expressly denies liability and does not admit any wrongdoing. At the same time, BMW is enjoined from use of the criminal background check guidelines, which were in effect. Finally, BMW agreed to pay $1.6 million in monetary relief to fifty-six claimants and to offer those claimants who want to return, the opportunity to return to work at the facility.

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