Striking a Blow for Common Sense on Criminal Background Checks

A federal district court judge in Maryland has thrown out a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC) against a family-owned company, striking a serious blow against the agency’s ill-advised and potentially unlawful new rules on criminal background checks by employers. Yet, although the EEOC lost this case, the Freeman Companies had to fight an expensive battle against a federal agency—an organization using dubious legal theory, questionable litigation tactics, and unreliable and manipulated statistical analyses. The EEOC should cease this egregious conduct and void its Enforcement Guidance. Private industry should not be faced with an expensive case-by-case fight against an out-of-control federal agency abusing its authority and federal law.

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