Federal Court Dismisses EEOC Background Check Disparate Impact Lawsuit

On August 9, 2013, a federal district court judge in Maryland dismissed the EEOC’s Title VII disparate impact suit against Freeman over alleged discriminatory background checks without a trial based largely on flaws in the EEOC’s expert report. The court’s opinion acknowledges the legitimate, and even “essential,” business reasons for conducting background checks. The court’s opinion also highlights significant challenges the EEOC faces when prosecuting such suits, but stops far short of slamming the door on the EEOC, and surely will be appealed to the Fourth Circuit. To learn more about the decision, please see Littler's ASAP, Federal Court Dismisses EEOC Title VII Disparate Impact Suit Over Alleged Discriminatory Background Checks Without Trial, by Rod Fliegel and Jennifer Mora.