In an unusual twist, a federal trial court considering an Ohio case has permitted an employer being sued by the EEOC to ask pointed questions about the EEOC’s own hiring practices.
Recent case: The EEOC has recently launched an initiative to dissuade employers from routinely using credit checks as a hiring tool. The commission sued Kaplan Higher Education for using credit checks to screen applicants, arguing that it has a disparate impact on minorities.
The EEOC argues that credit checks often aren’t job-related and their use must be justified as consistent with business necessity.
That prompted Kaplan to request information from the EEOC on whether it uses credit checks in hiring. The judge said the EEOC must provide the information because presumably if the EEOC uses them, that shows they are a business necessity. (EEOC v. Kaplan Higher Education, No. 1:10-CV-2882, ND OH, 2011)