In recent weeks, the EEOC has filed suits against BMW and Dollar General over the companies' broad use of criminal background checks to illegally discriminate against minority groups.
According to the EEOC, BMW fired dozens of African-American employees at one of its South Carolina plants during what was deemed "a transitional period" that required employees to reapply for their jobs. A BMW contractor performed background checks on those who re-applied. However, many of the African-American employees were not re-hired as they had criminal convictions. The EEOC is alleging that BMW wrongfully considered these criminal convictions when determining to re-hire certain employees. The EEOC's position is that the criminal backgrond check had a disparate impact on minorities who re-applied, and therefore this practice violated Title VII.
In the case against Dollar General, the EEOC alleges that Dollar General withdrew employment offers from two (2) African-American women. One of the offers withdrawn was from an African-American woman that had a drug conviction that was six (6) years old. Dollar General's policy is that it disqualifies certain candidates for employment if they have a certain type of conviction within ten (10) years. The other woman who was later disqualified reported that her criminal background check contained errors. Even after Dollar General learned of the errors on her report, they would not employ her.
In these cases, the EEOC's position is that these companies violated Title VII and that neither company will be able to show good cause for disqualifying minorities for positions.
If you have a question regarding your employment rights, please contact Ambuter Law for a free case evaluation.
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