Tag: disparate impact

Maryland Federal District Court’s Dismissal of EEOC v. Freeman Provides Guidance for Employers on Background Check Rules

As we’ve blogged about before, the EEOC has become more aggressive over the past few years in scrutinizing employer use of criminal background and credit checks.  While federal anti-discrimination laws do not expressly prohibit employers from performing background checks or similar screening methods on employees or applicants, their use can be unlawful where the practice … Continue Reading

EEOC’s Multifaceted Effort To Aggressively Target Employer Policies Potentially Having “Disparate Impact”

As many of you know, the Equal Employment Opportunity Commission (EEOC) has been on an aggressive tear of late on a broad range of issues.  In addition to upping its investigations of charges of individual “disparate treatment” discrimination, it is undertaking a number of new initiatives that show a renewed focus on facially neutral employer … Continue Reading

EEOC Issues Final Regulations for RFOA Defense Under ADEA

  Last week, we reported that several senators had introduced new amendments to the Age Discrimination in Employment Act ("ADEA") to make it easier for plaintiffs in age discrimination cases to prove their claims.  U.S. Senators aren’t the only ones busy refining federal age discrimination laws – on March 30, 2012, the Equal Employment Opportunity … Continue Reading

Ninth Circuit Holds “One-Strike” Drug Testing Rule Does Not Violate ADA

The Ninth Circuit Court of Appeals yesterday held in Lopez v. Pacific Maritime Association that an employer’s one-strike drug testing policy for applicants does not violate the Americans With Disabilities Act (“ADA”). The one-strike policy in question stated that the company would never hire any applicant who tested positive on a pre-employment drug screening. All applicants were … Continue Reading

Supreme Court: Disparate Impact Plaintiffs Can Sue Based on the Application of the Discriminatory Practice

The Supreme Court today issued a judicial smackdown to the Seventh Circuit Court of Appeals, unanimously reversing its decision in Lewis v. City of Chicago (as we suggested it should when we reviewed the details of this case back in October!). Briefly put, the plaintiffs are a group of approximately 6,000 black firefighter applicants who filed … Continue Reading

Ricci v. DeStefano — Supreme Court Holds City Violated Title VII By Rejecting Racially Disparate Test Results

To end its term, the Supreme Court today issued its long awaited opinion in Ricci v. DeStefano–a case that has received extra media attention because Supreme Court nominee Sonia Sotomayor was on the Second Circuit Court of Appeals panel that decided the case below. The conservative justices on the Court  reversed the Second Circuit (and by … Continue Reading
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