EEOC Announces Its First Multi-Million Dollar Settlement Of 2012 - Based On Discrimination In The Use Of Criminal Histories In Hiring

The EEOC started its year with a bang. On January 11, 2012, the EEOC announced publically that it had entered into a conciliation agreement with Pepsi Beverages for $3.13 million based on allegations that Pepsi allegedly discriminated against African-American applicants based on use of their criminal histories in the hiring process.

It is the first such settlement by the EEOC ever in this context. What is equally significant is the fact that the settlement stems from a private conciliation agreement ending an EEOC administrative investigation, which is normally confidential (as opposed to a public consent decree approved by a federal district court upon the settlement of an EEOC lawsuit). 

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