How 'Shoot First, Aim Later' Tactics Cost The EEOC

Law360, New York (April 13, 2011, 1:56 PM EDT) -- Joining a growing line of cases reflecting judicial intolerance for questionable litigation tactics, the recent ruling in EEOC v. Peoplemark Inc. (W.D. Mich. March 31, 2011), represents solid support for employers targeted by questionable government-initiated litigation.

In EEOC v. Peoplemark Inc., the Equal Employment Opportunity Commission alleged that the staffing company’s policy of not hiring individuals with a criminal record had a disparate impact on African-Americans. Notably, the EEOC has repeatedly signaled that it intends to attack these blanket criminal background policies as disproportionately and discriminatorily...
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