Feds lose another case against employers using credit, criminal reports to screen applicants

Fox News reports:

A Maryland court has dismissed a lawsuit against an events-services company accused by the Equal Employment Opportunity Commission of discriminatory hiring practices, a setback for a federal agency that increasingly argues the use of credit reports and criminal background checks can disproportionately impact minorities.

The judge stated that using such checks can in some cases be discriminatory. However, the EEOC “bears the burden of applying reliable expert testimony and statistical analysis that demonstrates disparate impact stemming from a specific employment practice before such a violation can be found. … The EEOC has failed to do so in this case."

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