EEOC Background Check Litigation Strategy Criticized

Proskauer - Law and the Workplace
Contact

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.”  The paper praises Freeman Co. for standing up to the EEOC and defending its background check processes, pointing out the EEOC’s repeated failure to present credible evidence to support its criticism of background check policies.  The Journal opines that the EEOC has discarded its mandate to serve as a neutral arbiter of discrimination claims with the goal of conciliating and resolving disputes pre-litigation, pointing to the  recent opinion of the U.S. Court of Appeal for the Fourth Circuit in EEOC v. Freeman as an example of how “far outside the law the agency will go to cow employers into submission.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Proskauer - Law and the Workplace | Attorney Advertising

Written by:

Proskauer - Law and the Workplace
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Proskauer - Law and the Workplace on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide