Tag Archives: applicants

The EEOC Loses The Statistical Battle Trying To Prove Disparate Impact Against Employers Using Background Checks in Hiring Decisions

On January 28, 2013, the Northern District of Ohio granted Defendant Kaplan Higher Education’s motion for summary judgment in EEOC v. Kaplan Higher Education Corp. The Court dismissed the matter because the EEOC failed to meet its burden of proving that Kaplan’s use of background checks had a “disparate impact” on minority applicants. In the case, … Continue Reading

The EEOC’s New and Improved (or at least more detailed) Enforcement Guidance on Arrest & Conviction Records

As promised in a previous post, the Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance concerning the use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended. The EEOC decided to update its policy statements after twenty-plus years because the rise of … Continue Reading

No FLSA Retaliation For Applicants

The U.S. Court of Appeals for the Fourth Circuit, in Richmond, Virginia, recently held that the anti-retaliation provision of the Fair Labor Standards Act [pdf] does not apply to an unsuccessful applicant for employment.  In Dellinger v. Science Applications Int’l Corp., a job applicant claimed that a prospective employer extended her a job offer subject … Continue Reading

Can Employers Discriminate Against Jobless Candidates?

The short answer—yes, at least right now. Unemployment rates continue to rise resulting in more out-of-work individuals searching for employment and having a difficult time finding work.  Earlier this year, the Equal Employment Opportunity Commission held a meeting examining employers’ treatment of unemployed candidates.  During the meeting, Christine Owens of National Employment Law Project testified … Continue Reading