The first case of predominance brought by the EEOC to challenge the use of criminal (and credit) was EEOC v. Freeman, Case No.: RWT09cv2573 (U.S.D. Ct. MD.). That case has reached its conclusion with the United States District Court dismissing the claims against Freeman.
The EEOC claimed that the use of criminal records and credit created a disparate impact upon certain minority groups. In summary, the EEOC failed to present any evidence of disparate impact. The EEOC's report was filled with errors. Which ultimately resulted in it being rejected by the court. This left the EEOC attempting to support its claim by using general national statistics. However, to prove discrimination via disparate impact; a plaintiff must analyze the applicant pool for the defendant. The EEOC failed to do this and thus...
Currently there is a growing national movement to remove the question "Have you ever been convicted of a felony or a misdemeanor?" from job applications. Otherwise known as the "Ban the Box" movement.
In most states employers are permitted to ask about or consider arrests that did not lead to conviction.
However, the Ban the Box” movement that is happening across the country, calls for employers to wait until a prospective employee is being interviewed or has a provisional job offer before inquiring whether he or she has a criminal past. The aim here is that ex-offenders will have a better chance at getting a job if they’re not eliminated at the very beginning of their job search.
According to...
