The EEOC Is Ordered To Show What's Behind The Agency's Curtain In Background Checking Suit

Recently, in EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 14, 2012), the U.S. District Court for the District of Maryland put the kibosh on the EEOC’s efforts to avoid depositions of its officials to inquire about their use of criminal background checks and credit histories in the EEOC’s own hiring practices. In this case, the EEOC brought suit against Defendant alleging an on-going, nationwide pattern or practice of discrimination against African-American, Hispanic, and male job applicants based on the use of criminal background checks. Now, according to Magistrate Judge Charles B. Day, Defendant may compel EEOC officials to testify about the agency’s own practices on the issue for which this suit is pending. The ruling is the second such decision to compel the EEOC to provide discovery about its own personnel practices, and as such, it is welcome news for employers for a variety of reasons.

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