Kaplan Higher Education Corp. last week, accused the company sued, "and enroll for higher selection criteria - that is, credit history, information -. a significant impact on black job seekers was uneven" To sue is part of an effort to speed up a controversy, but the EEOC for employment of minorities by "arbitrary constraints", the President of the Civil Rights Act Obama.The 1964 by the five commissioners, three appointed eliminated prohibits racial discrimination is governed by the employer. And since 1970 the courts have said that this bias is still unclear, but the improper procurement rules a "negative" or for "different" about blacks and other minorities included. But this aspect of the law against discrimination has become the subject of much controversy.

EEOC lawyers say bad background checks, a large percentage of minority candidates be excluded. "The employers know how to approach every practice, at work and not groups of people, even if it must be unintentional" Debra M. Lawrence, an EEOC attorney, court case against Roger Clegg Kaplan.But , filed a former Reagan administration lawyer, criticized the statement as "fundamentally wrong."

Supreme Court a certain suspicion of the "disparate impact" claims of discrimination before years.Two recent years, the Supreme Court, New Haven, Connecticut, the City was against white firefighters who had high scores in a life when firefighters promotion called the test because they had a negative impact on blacks. But judges do not issue a broad ruling on the discrimination law.The EEOC, with power to sue the employer for an independent agency to clarify this part, to recent initiatives and "racism and elimination of the color of their employment, "assigned to use background checks when hiring lawsuits against employers. In one case, Freeman Cos., Events and exhibitions in the marketing of a company, criminal background and credit Czech, the selection of candidates by using the lawsuit.

The agency's lawyers said that such recruitment is not automatically illegal, even if they have a negative impact on minorities. However, the employer can demonstrate that the recruitment criteria on the issue - not necessarily questionThe Kaplan threw a lawsuit against illegal discrimination in the work of the company, "a class of candidates - a good credit history or criminal history Black Country through the rent, because of their credit history. " There is a court order banning the practice, and an award of back pay for unsuccessful applicants.


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