Legal Issue: Pattern or Practice and the Vulcan Society

In May 2013, the Second Circuit issued a ruling in United States and The Vulcan Society, Inc., et al v. City of New York, et al. This is a long running case which started as a disparate impact claim and became a pattern or practice case centered on the city’s entry-level firefighter exam. Continue reading

Revisiting Criminal and Credit Records Checks

In June 2013, the EEOC filed two lawsuits, one against BMW and the other against Dollar General (EEOC v. BMW Manufacturing Co.,Inc.; EEOC v. Dolgencorp LLC d/b/a Dollar General). In both, the EEOC asserts each company discriminated against African American job applicants through the improper use of criminal background checks as an applicant screening tools which were not job-related and consistent with business necessity and resulted in disparate impact. Continue reading