EEOC Files Suit Against Two Employers for Improper Use of Criminal Background Check Information

The EEOC alleges that BMW’s policy of denying employment based on certain criminal convictions regardless of time elapsed amounts to a “blanket exclusion without any individualized assessment of the nature and gravity of the crimes, the ages of the convictions, or the nature of the claimants’ respective positions.”  In the suit filed against Dollar General. the EEOC claims disparate impact and an allegation of an applicant not being provided the opportunity to dispute the result of her background check, which, she claims erroneously labeled her a convicted felon.

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