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EEOC cracks down on background check-related job bias claims 

Published: August 13, 2010
Tags: background checks, credit checks, disparate impact, EEOC, employment discrimination

The Equal Employment Opportunity Commission is stepping up scrutiny of hiring policies - including the use of criminal background and credit checks - that can have a negative impact on members of minority groups.

Disparate impact case creates more confusion 

By Kimberly Atkins - Published: May 26, 2010
Tags: disparate impact, employment discrimination, Supreme Court

Some employment attorneys say the Supreme Court’s Lewis v. Chicago opinion makes it even harder for employers to know how to test job applicants without opening themselves up to employment discrimination liability.

Plaintiff can bring bias claim without prior challenge 

Published: May 24, 2010
Tags: disparate impact, employment discrimination, statute of limitations, Supreme Court

A plaintiff who did not file a timely charge challenging the adoption of an employment practice may still assert a disparate impact claim challenging the application of that practice as long as he can make a prima facie disparate impact case, the U.S. Supreme Court has ruled.

EMPLOYMENT DISCRIMINATION 

Published: May 24, 2010
Tags: disparate impact, employment discrimination, statute of limitations, Supreme Court

A plaintiff who did not file a timely charge challenging the adoption of an employment practice may still assert a disparate impact claim challenging the application of that practice.

See “Plaintiff can bring bias claim without prior challenge.”

U.S. Supreme Court. Lewis v. Chicago, No. 08-974.  May 24, 2010. Lawyers USA No. 993-1925.

EEOC: Job credit checks could pose bias charge risk 

Published: April 6, 2010
Tags: disparate impact, employment discrimination, Equal Employment Opportunity Commission, Title VII

WASHINGTON - The Equal Employment Opportunity Commission has released a legal advisory letter warning that the use of credit checks to screen job applicants could be unlawful if it leads to the disproportionate exclusion of women, minorities and other protected group members.

Black firefighter sues over New Haven promotion test 

Published: October 16, 2009
Tags: disparate impact, disparate treatment, Title VII

A black New Haven, Conn., firefighter has filed a federal lawsuit against the city over a promotion exam that was the subject of the U.S. Supreme Court’s landmark ruling in Ricci v. DeStefano in June.

Supreme Court takes another firefighter case 

Published: September 30, 2009
Tags: disparate impact, EEOC, firefighter, race discrimination

The Supreme Court has agreed to decide another case involving firefighters and discrimination.
The Court will address when the 300-day filing period begins to run on an EEOC charge in a disparate impact case brought by firefighters who alleged that the City of Chicago’s aptitude test discriminated against African-American applicants.

Employers hurt by Supreme Court bias decision 

By Kimberly Atkins - Published: June 30, 2009
Tags: disparate impact, disparate treatment, Title VII

When the U.S. Supreme Court decided Ricci v. DeStefano, it did more than rule in favor of New Haven firefighters who sued after the city tossed out the results of a civil service exam after too few minority employees passed.

The justices also created a tough dilemma for employers.

Court rules in firefighters’ discrimination case 

Published: June 29, 2009
Tags: disparate impact, Title VII

New Haven city officials violated Title VII by refusing to certify results of a test used to give firefighters promotions after only two minority members passed, the U.S. Supreme Court ruled.