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Tag: credit checks

February 20, 2015

Victory in EEOC v. Freeman; strong rebuke for the EEOC

This morning the Fourth Circuit rejected the Equal Employment Opportunity Commission’s latest attempt to expand disparate impact law.  In EEOC v. Freeman, the government brought suit against a company that ran employee applicants through criminal background checks before hiring them. The EEOC alleged that Freeman’s criminal backgro ...

October 16, 2013

PLF argues government can't judge individuals based on the color of their skin

Today Pacific Legal Foundation filed this amicus brief in EEOC v. Kaplan, which was joined by the Cato Institute, the Center for Equal Opportunity, the Competitive Enterprise Institute, and Project 21.  EEOC has been particularly aggressive in pursuing disparate impact cases lately, and its case against Kaplan is representative.  Like many compan ...

September 10, 2013

The sad, unsurprising end to McReynolds v. Merrill Lynch

Last year, PLF was involved in a disparate impact case against Merrill Lynch.  In that case, a number of low-level brokers brought a Title VII disparate impact case against Merrill Lynch arguing that the company’s “teaming” and “account distribution” policies were causing a disparate impact on the basis of race.  The ...

May 08, 2012

Obama Administration taking disparate impact theory to a new level

On this blog we have often talked about the perils of disparate impact theory. Disparate impact forces employers to use a race-first mentality to hiring, firing, and promotion decisions.  As I wrote in this op-ed in the Washington Times, “instead of focusing on concrete examples of bias by identifiable bureaucracies or individuals, disparat ...

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