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Appellate Court Affirms Dismissal of EEOC Challenge to Credit Checks

On April 10, 2014 by Schnader in Labor and Employment

By Scott J. Wenner In an important opinion that turned on a technical rule of evidence, but which has broader implications, the Court of Appeals for the Sixth Circuit yesterday strongly rejected the EEOC’s methodology for asserting that an employer’s use of credit checks has an unlawful disparate impact on minority […]

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EEOC Asserts Right to Blast E-Mail Entire Workforce at Work and at Home

On November 21, 2013 by Schnader in Labor and Employment

By Scott J. Wenner Responding to a lawsuit filed against it in federal court in Washington, D.C., the Equal Employment Opportunity Commission is defending its attempt to expand its investigatory authority to a dangerous and intrusive new level.  Case New Holland, Inc. (CNH) has challenged the EEOC’s use of work and […]

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EEOC Position on Criminal Background Checks Rejected Again

On August 15, 2013 by Schnader in Labor and Employment

By Scott J. Wenner In a 2009 action brought as a precursor to the EEOC’s 2012 Guidance on criminal background checks, the agency challenged the practices of an employer that selectively utilized criminal and credit background checks in the hiring process. This “pattern and practice” case, brought in the District of […]

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Small Business Owners: Can a Fellow Owner Sue Your Business Claiming Employment Discrimination?

On May 6, 2013 by Schnader in Labor and Employment

By Scott J. Wenner In a very recent opinion, the U.S. Court of Appeals for the Third Circuit answered the question with an emphatic (and lawyerly) . . . it depends! The federal employment discrimination laws – Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, […]

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