On February 20, 2015, a unanimous panel of the Fourth Circuit affirmed the exclusion of expert testimony by EEOC expert Kevin Murphy and the grant of summary judgment against the EEOC in its suit challenging Freeman’s use of credit and criminal background checks in the hiring process.
Continue Reading EEOC Rebuked by Fourth Circuit on Criminal Background Check Litigation

The Texas Supreme Court is considering a case that could have important implications to disparate impact analysis, including on criminal background checks. The case also foreshadows further challenges from the Texas Attorney General to aggressive positions taken by federal enforcement agencies in regard to disparate impact.
Continue Reading Supreme Court Case Foreshadows Texas Attorney General Attacks on Disparate Impact Analysis

Discover how the use of criminal background checks in the hiring process is creating an increasing exposure to liability. The Equal Employment Opportunity Commission (EEOC) is aggressively pursuing this issue to ensure the practice does not have a disparate impact on minority applicants. Additionally, plaintiffs’ class action attorneys are pursuing employers nationwide for failing to conform their background check process with the dictates and protections of the federal Fair Credit Reporting Act. This webinar will highlight lessons learned in the trenches, and give insights on how to properly handle the sensitive use of criminal background check information.

Continue Reading Join Us For A Complimentary CLE Webinar: Criminal Background Checks In The Hiring Process: The Escalating Risks

On April 9, 2014, the Sixth Circuit of Appeals not only affirmed summary judgment in EEOC v. Kaplan Higher Education Corp., et al. but also chastised the EEOC for applying a flawed methodology in its attempts to prove that using credit checks as a pre-employment screen had an unlawful disparate impact against African-American applicants.
Continue Reading EEOC Suffers Another Loss In Its Crusade Against Employer Background Checks

The “ban the box” movement continues to sweep through state legislatures.These laws, which vary in terms of scope and detail, generally prohibit employers from requesting on applications information about applicants’ criminal histories.
Continue Reading State “Ban the Box” Legislation Gains Momentum

In an article to be published this month in the Seton Hall University Law Review, Hunton & Williams partners, Terry Connor and Kevin White have challenged the authority of the EEOC to publish its April 2012 Guidance.  That Guidance interprets Title VII to impose disparate impact liability on employers who consider the criminal background of applicants for employment as a criterion for selection.

Continue Reading The Consideration of Arrest and Conviction Records in Employment Decisions: A Critique of the EEOC Guidance