Last year the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under…
Posts by Category: EEOC
Fourth Circuit Deals Body Blow To EEOC Hiring Check Enforcement Litigation
The U.S. Court of Appeals for the Fourth Circuit dealt a lethal blow to the EEOC’s hiring check enforcement litigation inEEOC v. Freeman, No.13-2365 (4th Cir. Feb. 20, 2015). The decision affirms a summary judgment ruling by Judge Roger Titus of the U.S….
When, If Ever, Does Employment Discrimination Against Ex-Offenders Violate Title VII?
Title VII of the 1964 Civil Rights Act prohibits public and private employers from discriminating against job seekers on the base of race, ethnicity, religion or gender, unless the employer can demonstrate a business necessity. These discriminations are widely…
Role Reversal! EEOC Must Disclose its Own Background Check Policy to the Employer it’s Suing
The EEOC has been ordered by a federal court to turn over its own background check policy to an employer whom it is suing for a criminal background check policy that allegedly had a disparate impact on black employees. The employer had moved to compel to produce…
Bills Seek To Blunt EEOC Activities
Rep. Tim Walberg (R-MI), Chairman of the House Subcommittee on Workforce Protections, introduced two bills on September 10 aimed at curbing the Equal Employment Opportunity Commission’s authority. The first measure, theLitigation Oversight Act of 2014 ( H.R….
Class Action Filed Against Washington Metro Over Background Checks of African Americans
The Washington Metropolitan Area Transit Authority has been named in a lawsuit after the class members claim its background check policies are unfair. The plaintiffs claim the defendants’ actions have disproportionately affected African American applicants…
Some Employers Likely to See Increased Litigation Costs in EEOC Cases
Employers in Indiana, Illinois, and Wisconsin are likely to see their legal fees increase as a result of a Seventh Circuit decision that allows the EEOC to file suit immediately instead of first trying to negotiate a settlement with the employer. The court held that…
House GOP Members Criticize the EEOC on Background Checks, Enforcement Tactics
Republicans on a House Education and the Workforce subcommittee have criticized the EEOC for discouraging employers from conducting necessary criminal background checks on job applicants and for pursuing meritless discrimination suits. Rep. Tim Walberg said the…
Laborer Files Discrimination Charge Against Apple
A construction worker who lost his job on Apple’s new campus because of a 2008 felony conviction said he filed a complaint with the EEOC alleging discrimination. The complaint could trigger an investigation of the tech giant’s hiring practices, which…
Sixth Circuit Affirms Dismissal of EEOC Credit Check Case and Rejects “Homemade” Method of Determining Race by “Eye-Balling” Photos
The Sixth Circuit affirmed a lower court order granting summary judgment in favor of Kaplan in a high-profile credit check lawsuit that the EEOC brought against the education company. The EEOC alleged that Kaplan’s use of credit checks causes it to screen out…



