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Shabby data dooms EEOC disparate impact claim

The U.S. Equal Employment Opportunity Commission has come under sharp attack from a federal appeals court judge for its choice of an expert and use of “utterly unreliable” analysis in trying to show that pre-employment background criminal and credit background checks have a disparate impact on black job applicants.

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Harassment by third parties can create exposure

A recent decision by the 4th U.S. Circuit Court of Appeals, Freeman v. Dal-Tile Corp., serves as a reminder that employers can potentially be held liable not only for sexual or other harassment perpetrated by their own employees, but also for harassment carried out by third parties, such as employees of customers, vendors or other business associates.

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