disparate impact

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Following last year’s issuance by the EEOC of controversial criminal background check guidelines, the EEOC has filed a number of lawsuits attempting to enforce these guidelines.  Late last week, Judge Roger Titus, United States District Court District of Maryland, dismissed the lawsuit EEOC filed against Freeman, holding that the EEOC failed to present a prima…

Not content with managing its current workload, the EEOC is looking for new theories of discrimination.  It held a hearing yesterday to consider whether employers may be refusing to consider job applicants who are unemployed, and then whether that “practice” might amount to discrimination.  The argument would go something like: minorities have a higher unemployment…