EEOC v. Kaplan Higher Education

On April 9, 2014, the Sixth Circuit of Appeals not only affirmed summary judgment in EEOC v. Kaplan Higher Education Corp., et al. but also chastised the EEOC for applying a flawed methodology in its attempts to prove that using credit checks as a pre-employment screen had an unlawful disparate impact against African-American applicants. View Full Post
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. View Full Post
In a harsh rebuke of the EEOC’s method of attempting to prove that Kaplan Higher Education Corp.’s consideration of credit history for hiring in select positions was discriminatory, the Sixth Circuit, only three weeks after oral argument, issued a decision upholding the federal district court’s order excluding the EEOC’s expert opinion from evidence and dismissing the EEOC’s case.  View Full Post