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Judgment Against EEOC

Fourth Circuit Affirms Summary Judgment Against EEOC After Excluding Expert Report With “Mind Boggling” Number Of Error

3228-EEOC_LOGO2Judgment Against EEOC: Use of criminal background checks requires compliance with the technical requirements of the Fair Credit Reporting Act  and has spawned a large number of class actions and individual claims under the FCRA.  However, use of background checks has also been under siege by the states and localities that have been enacting “ban the box” requirements that prevent inquiry into criminal background checks until the employment process has reached an advanced stage, and by the Equal Employment Opportunity Commission (EEOC), which has brought suits against employers alleging that use of background checks can have a disparate impact on protected groups.  A recent decision, however, indicates that the EEOC’s attacks on use of background checks may be floundering.

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