Recently, in EEOC v. Freeman, the U.S. District Court for the District of Maryland halted EEOC’s efforts to avoid depositions of its officials to inquire about their use of criminal background checks and credit histories in the EEOC’s own hiring practices. In this case, the EEOC brought suit against Defendant alleging an on going, nationwide pattern or practice of discrimination against African-American, Hispanic, and male job applicants based on the use of criminal background checks. Now, according to Magistrate Judge Charles B. Day, Defendant may compel EEOC officials to testify about the agency’s own practices on the issue for which this suit is pending. The ruling is the second such decision to compel the EEOC to provide discovery about its own personnel practices. The Magistrate Judge’s ruling is an important development in background checking law and comes on the heels of legislation that implements limits on when private and public sector employers can use consumer credit reports and background checks for employment screening purposes.
