EEOC Looks To Revive Bias Suit Over Kaplan's Credit Checks

Law360, New York (February 27, 2013, 7:58 PM EST) -- An Ohio federal court erred by excluding an expert declaration that backed up the U.S. Equal Employment Opportunity Commission's claim that Kaplan Inc.'s use of credit checks in hiring had a disparate impact on blacks and granting Kaplan summary judgment, the EEOC said Tuesday.

U.S. District Judge Patricia Gaughan found that the EEOC's proof of disparate impact was unreliable because it was partially based on racial identification by photographs of job applicants, but the EEOC showed disparate impact without relying on photos to race-identify applicants or...
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