Kaplan Failed To Collect Race-Impact Data, EEOC Says

Law360, New York (April 22, 2013, 4:00 PM EDT) -- Test prep company Kaplan Inc. ignored its obligation to retain data showing the impact of its selection procedures on minorities, the U.S. Equal Employment Opportunity Commission said Friday, urging an Ohio federal court to revive its race bias suit over Kaplan's use of credit checks in hiring. 

Accepting the position taken by Kaplan — which the EEOC said is also asserting that no method of race identification is reliable — could mean that disparate impact claims are impossible to prove if an employer breaches its duty...
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