EEOC Won't Forget About Background Checks After Freeman

Law360, New York (October 1, 2015, 12:14 PM EDT) -- Rod M. Fliegel

Jennifer L. Mora After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies,[1] the U.S. Equal Employment Opportunity Commission has entered into a settlement (consent decree) in one of its few remaining cases, a settlement that includes payouts to individual employees in an amount up to $1.6 million. Beyond this not insubstantial settlement amount, the consent decree also reflects the EEOC's view of a model criminal record screening policy, and is useful in that respect.[2] While the EEOC has been trumpeting the settlement on its website, the commission's bluster may have been tempered by a further...

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