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...
EEOC and Criminal Reports (EEOC vs. Freeman)
