Todd Lebowitz Writes Article for The Hill Analyzing EEOC's Use of Statistics to Claim Racial Bias in Hiring

Articles / March 18, 2015

Partner Todd Lebowitz authored a March 13, 2015, blog post for the Congress Blog on titled “Courts remind EEOC again: Background checks don’t equal racism.” Lebowitz analyzes the recent Fourth Circuit Court of Appeals ruling in EEOC v. Freeman, in which the court held that the Equal Employment Opportunity Commission’s statistical case against one company’s use of background checks in hiring was “rife with analytical errors,” “completely unreliable,” and contained a “mind-boggling number of errors and unexplained discrepancies.” He notes that “court after court has panned the EEOC’s approach” of using questionable statistics when bringing a charge of racial discrimination against companies using background checks to vet job candidates.

Lebowitz acknowledges the socially worthwhile goal of helping rehabilitated ex-offenders to re-enter the workforce, but argues that the EEOC's coercive approach is the wrong model for engineering social change. He instead argues in favor of a state-based model like that adopted in Georgia, which provides ex-offenders an opportunity to earn a rehabilitation certificate and provides employers who hire these individuals immunity from negligent hire claims.

Lebowitz concludes: “It remains to be seen whether the Fourth Circuit’s recent decision will prompt the EEOC to change its much-maligned approach to background checks.”

Read full article.


In The Blogs

Previous Next
Employment Class Action Blog
Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge
February 22, 2017
Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an employee contends...
Employment Law Spotlight
New York Appellate Court Declines to Enforce Noncompetes Against Employees Terminated Without Cause
February 14, 2017
A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508 (1st Dep’t. 2016), suggests that noncompetition restrictions against employees who have...
Employment Law Spotlight
Joint Employment Update: What’s The Status of Browning-Ferris and the NLRB?
January 30, 2017
In August 2015, the NLRB rewrote the book on joint employment, declaring in the Browning-Ferris case that the right to exercise minimal control, even if not actually exercised, was enough to create a joint employment relationship. (Read...
Employment Class Action Blog
Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel
January 27, 2017
Class action litigation is not for amateurs We’ve commented before in this blog on cases in which courts declined to certify employment actions due to adequacy of class counsel. A recent case reflects that some courts will look not only to...
Employment Class Action Blog
Justices to Consider Arbitration Agreements With Class Waivers – The End of the Beginning?
January 17, 2017
Apologies to Winston Churchill,[1] but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and ideological struggle. Some view individual arbitration as a quicker and less costly means...