Employers In Dark After EEOC Loses Background Check Suits

Law360, New York (August 16, 2013, 6:54 PM EDT) -- The U.S. Equal Employment Opportunity Commission's recent loss in a race bias lawsuit over a company's use of background checks seems like a boon for employers, but early dismissals of this and similar EEOC cases leave employers in the dark about what it takes to convince courts that background checks are justified by business necessity, lawyers say.

The question of what constitutes a viable business necessity defense in an EEOC background check suit is important because if the agency is able to establish that the employer's use of background checks had a disparate impact, the burden then shifts to the defendant...

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