The Criminal Background Check Saga Continues

Law360, New York (November 13, 2013, 10:11 AM EST) -- In the past few weeks, there have been several noteworthy decisions regarding employers' use of criminal background information to make hiring decisions.

In one case, EEOC v. Peoplemark (6th Cir., Oct. 7, 2013), the Sixth Circuit handed the Equal Employment Opportunity Commission a significant bill for attorneys' and expert fees exceeding $750,000, when the court found that the EEOC pushed forward on a policy-based class action claim after discovery established that no such policy existed.

Another case, Smith v. USG Corp. (Pennsylvania Superior Court, Sept. 27,...
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