EEOC defeated after 6th Circuit Court of Appeals rejects method of credit report employment discrimination

A recent ruling by the 6th Circuit Court of Appeals, dismissed claims that an employer did not violate Title VII of the 1964 Civil Rights Act by using credit checks in their hiring practice.

The defendant in this case, Kaplan Higher Education, was accused by the Equal Employment Opportunity Commission (EEOC) that Kaplan violated Title VII of the U.S. Civil Rights Act by  screening out more African-American applicants than white applicants, which led to a disparate impact.

Though arguments have been made that the use of credit reports, when used for employment screening purposes, can have an adverse impact on a protected class, the EEOC was unable to make an argument against Kaplan for this particular case.

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Changes to New York OCA Criminal History Report

The New York Office of Court Administration (OCA) recently posted the following information on its website:

“Please be advised that effective April 1, 2014, OCA will no longer report a criminal history for any individual whose only conviction was a single misdemeanor more then ten years prior to the date of the request.”