16/04/2011

Beyond Parody

Q: What are the big, cutting-edge discrimination issues facing the EEOC?

A: [...]

Another case we filed is a nationwide challenge to criminal arrest and conviction screens. We challenged that as having a disparate impact against African-Americans and Latinos. That is still pending in Baltimore.

Another one was filed in Ohio and we're looking at the use of credit reports to screen out applicants. We allege it has a disparate impact against African-Americans.
Credit checks and criminal screens (were big) in the '70s and '80s and sort of disappeared but with the new economy, employers are adopting these types of employment screens. That is something that has generated a lot of interest at the EEOC.

Q: Why are more employers using credit scores and criminal convictions to weed out job applicants?

A: My speculation is that employers are in a position to generate much more interest in jobs and they're looking for shorthand ways to screen applicants. If we're able to establish disparate impact, then it's the employer's burden to demonstrate the hiring qualification is job-related.

(Employers) say it relates to honesty and performance. But that's where most of the litigation and discussion has centered - whether these screens can really be job-related and a business necessity.

P. David Lopez, general counsel for the U.S. Equal Employment Opportunity Commission, interviewed by L.M. Sixel (via)

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