EEOC refuses to disclose its background checking policies in court

the EEOC refused to disclose. Dollar General, in a similar suit, has also requested the policy to be made public, and the EEOC has responded likewise. The EEOC argues that its own screening policies are irrelevant to the cases it has open against BMW and Dollar General because, according to the Washington Examiner, “[the EEOC believes] a different legal standard applies to government agencies.” In a legal brief, the EEOC stated “[BMW] argues that EEOC’s hiring practices are relevant and thus discoverable because said practices bear on whether defendant can establish its business necessity defense. In other words, if the EEOC is doing it, it must be lawful. This position is untenable because EEOC’s internal hiring practices do not establish the law or the legality of defendant’s hiring practices.” BMW Manufacturing made it known to the South Carolina District Court, where this case is being heard, that the EEOC has repeatedly refused to provide information about its own hiring practices while pointing fingers at others for having illegal hiring policies, and that the courts have previously concluded that the EEOC’s policies should be considered relevant information. It is assumed that the case the automaker is referring to is the suit brought forth against Kaplan Higher Education, which Kaplan won, as both Kaplan and the EEOC use the same credit checks to prevent “increase[d] temptation to commit illegal or unethical acts.” The EEOC had tried to argue that the credit checks the education company was using impacted more black applicants than white. The EEOC’s hiring policies are set by the Office of Personnel Management. Those policies have not been publicly disclosed.]]>

You May Also Like

Check out these additional posts from Mind Your Business.

COVID-19 Screening

Plan for Success During COVID-19 Regulations

The economy is slowly reopening after COVID-19 closures, and many business owners are in unfamiliar territory. With the addition of new safety regulations, mounting consumer concerns, and the need to keep employees safe, businesses have huge hurdles to cross before they can reopen. According to the U.S. Chamber of Commerce, business owners need to “keep…
Read More

Business Myth Busters: Should you re-screen current employees?

One and done! For many companies the initial on-boarding background check conducted during the hiring process is the only screening their employees receive. A comprehensive background check is a wise investment before hiring new employees, but should you re-screen your employees later in their career, too? Discover the truth behind re-screening services. Myth: The initial…
Read More
COVID-19 Screening

Protect Your Business and Employees with COVID-19 Screening

With COVID-19 dominating the headlines, safely managing a business is a priority for essential businesses and businesses looking to operate in the future. In response to the need for effective and efficient COVID-19 screening, MYB, Inc. now offers symptom screening services to protect businesses and employees. With over 24 years of experience, MYB, Inc. is…
Read More

Quality and Precise Results, On Time!

Let us know about your screening needs to get a custom quote. We work with businesses big and small as well as the government. Which means we have a package of solutions for your organization as well.