Disparate Impact Theory Post-Freeman: Down, But Not Out

Law360, New York (March 11, 2015, 2:01 PM EDT) -- The Fourth Circuit slapped down the U.S. Equal Employment Opportunity Commission's claim of disparate impact discrimination in EEOC v. Freeman involving an employer's use of criminal background and credit checks. In a strongly worded opinion, the court affirmed a trial court's decision granting summary judgment to the employer because of the EEOC's failure to produce reliable statistical evidence showing a prima facie case of discrimination against job applicants. While some press reports have misapprehended the scope of the court's opinion, Freeman is a serious setback for the EEOC's approach to litigating many background check cases. The decision may also help employers defeat other employment law class actions based on disparate impact theory....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!