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EEOC v. Freeman

Articles Discussing Case:

Federal Appellate Court Throws Out EEOC Discrimination Complaint After Expert Accused of "Cherry-Picking" Data

Franczek Radelet P.C • February 26, 2015
Last week, the Federal Court of Appeals for the Fourth Circuit upheld a district court's decision granting summary judgment to an employer accused by the Equal Employment Opportunity Commission (EEOC) of racial bias in its use of criminal background and credit history checks during the employment application process. The Court found that because the EEOC had relied on expert witness reports with "an alarming number of errors" to prove the background checks had a disparate impact on black and male applicants, the district court properly ruled in favor of the employer. The decision and blistering concurring opinion may give the EEOC pause before it brings claims against employers in the future based on unreliable statistical analysis.

eLABORate: EEOC Blasted for Reliance on "Slipshod" Work of "Expert" Witness in Background Check Lawsuit

Phelps Dunbar LLP • February 26, 2015
The Equal Employment Opportunity Commission ("EEOC") last week suffered a major defeat in its aggressive litigation offensive against employers using criminal and credit background checks. In an excoriating opinion affirming a lower court decision in EEOC v. Freeman, the United States Court of Appeals for the Fourth Circuit held that the expert witness on which the EEOC entirely bases its theory of liability conducted "slipshod work" and is "utterly unreliable".