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6th Cir. Orders EEOC to Pay Fees for Continued Pursuant of Groundless Criminal Background Check Lawsuit

In Equal Employment Opportunity Commission v. Peoplemark Inc, the 6th Circuit Court of Appeals ordered the EEOC to pay $751,942 in attorney fees and costs to Peoplemark.  The EEOC filed a complaint against Peoplemark in 2008 alleging it had a blanket policy prohibiting the hiring of anyone with a criminal record, which disparately affected black applicants. The court found that the EEOC learned through discovery that Peoplemark had no such policy.   The court said at that point, the EEOC was obligated to dismiss the lawsuit, yet it continued to litigate it for 5 more months until consenting to a dismissal. To read the full opinion, click here.

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