EEOC May Sue to Enforce Title VII Record-Keeping Duties

The Equal Employment Opportunity Commission may pursue a lawsuit alleging a Pennsylvania-based employer that uses a criminal background screen in hiring isn’t keeping the records needed to determine if its screen discriminates against racial minority and male applicants, a federal district court ruled (EEOC v. Crothall Servs. Grp., Inc., 2016 BL 206871, E.D. Pa., 15-3812, 6/28/16).

The EEOC has standing to sue even if it hasn’t identified an individual who has suffered or will suffer an injury as a result of Crothall Services Group’s alleged record-keeping violations, the court said.

Rather, it’s sufficient that the EEOC alleges ...