In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an employer’s discretion to consider criminal records for hiring decisions.1 Despite court rulings favorable to employers in three high-profile EEOC lawsuits against Kaplan Higher Education Corporation, Freeman and BMW,2 a recent decision in Illinois in the EEOC’s suit against Dollar General highlights disagreement among some courts regarding whether an employer can force the EEOC to explain how the EEOC uses criminal records for its own hiring decisions. That same court is also allowing the EEOC access to personal information for the aggrieved employees and unredacted background check program documents. It thus appears that despite three consecutive setbacks, the EEOC is refusing to let criminal record check claims fade into the background.
Home > Federal Law Articles > Lawyering > Discovery > Federal Court Limits Employer’s Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC’s Rights on Discoverability