Tag Archives: discrimination

Fourth Circuit Rejects EEOC Expert Report Riddled With Errors

We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is continuing to use such methods despite scathing criticism from courts. On February 20, 2015, the U.S. Court of Appeals for the … Continue Reading

Sixth Circuit Remands Memphis Title VII Disparate Impact Case, Yet Again

It’s hard not to feel sorry for the residents of Memphis, Tennessee.  Depending on which source you consult, its violent crime rate hovers between three and four times the national average, and various publications describe it as one of the top 10 most violent cities in the United States.  As we’ve commented previously, its fire department has … Continue Reading

Multiple Courts Criticize EEOC Behavior In Class Cases

Over the last 5 years, the EEOC has become increasingly aggressive in the bringing and pursuit of broad initiatives and, in particular, class litigation.  Cynics can debate whether this springs from a desire to make a difference or one to bully employers through litigation costs into abandoning lawful practices that are not to its liking, … Continue Reading

Michigan District Court Dismisses Disability Disparate Impact Class Claim

Plaintiffs cannot use a disparate impact theory unless challenging a facially neutral policy. Class action lawsuits alleging disability discrimination are uncommon, and those involving disparate impact claims are less common still.  This is due, in part, to the fact that unlike other types of discrimination claims, a claim of disability discrimination typically raises questions about … Continue Reading

Sixth Circuit Affirms Injunction In Strange Failure To Promote Case

Here’s a weird one. Employers originally began using standardized tests to try to find a more objective and hopefully accurate way to select the best candidates for promotion and hire.  Over time, however, such tests have also been used to avoid disputes, contractual, statutory, or otherwise, over whether they have selected the right candidate.  Put … Continue Reading
LexBlog