Friday, April 18, 2014

Sixth Circuit Goes Hard on EEOC Background Check Litigation

Remember when a district court rejected the EEOC's use of "race raters" in a disparate impact claim against Kaplan? And discovery revealed that the EEOC itself used the same background checks that it based its lawsuit on? Here's a refresher.

For some reason, the EEOC decided to appeal to the Sixth Circuit - you can now read the Sixth Circuit's opinion here. Let's just say it did not go well. You can read the whole thing for yourself, but I think you can get the flavor from my masterful selection of excerpts along with my commentary:
In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses. 
[That's the first sentence!? Oh well, it can only get better for the EEOC from here, right?] . . . . 
The EEOC’s case goes downhill from there. 
[How is that possible?] . . . . 
We need not belabor the issue further. The EEOC brought this case on the basis of a homemade methodology, crafted by a witness with no particular expertise to craft it, administered by persons with no particular expertise to administer it, tested by no one, and accepted only by the witness himself. 
The district court’s judgment is affirmed. 
[Ya don't say.]
The EEOC has targeted criminal and credit background checks as having a disparate impact on racial minorities. It didn't go very well in this case.

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