The EEOC has recently made policing employers’ use of credit checks on employees a big priority of theres. But, it hasn’t gone well for the commission. It didn’t go well when they sued Kaplan Education for their use of credit checks as a hiring screen—and it really didn’t go well when they decided to appeal the decision.

To explain what happened in the EEOC v. Kaplan Higher Education, we bring in our resident EEOC expert and the lead defense counsel in this case: Jerry Maatman, attorney with Seyfarth Shaw and author on the firm’s blog, EEOC Year-End Countdown.