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Expert Analysis

Future Of EEOC Credit Check Method Unclear After Defeat

Law360, New York (May 6, 2014, 1:16 PM EDT) -- Adding insult to injury, in the wake of the Sixth Circuit's ruling in Equal Opportunity Employment Commission v. Kaplan Higher Education Corp. et al., which sharply rejected the U.S. Equal Employment Opportunity Commission's credit check case, commentators and media outlets have delivered heavy criticism of the commission's litigation tactics. But the question remains, will the EEOC rethink its position? Or, will it continue to sue employers over their credit screening practices — in the language of the Sixth Circuit, "the same type of background check that the EEOC itself uses?"...

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