EEOC Settles Background Check Litigation with BMW

The EEOC recently entered a settlement agreement with BMW for $1.6 million stemming from a lawsuit the EEOC filed in July 2013. This lawsuit alleged that BMW violated Title VII by implementing and utilizing a criminal background policy that disproportionately screened out African Americans from jobs, and rejected job applicants with convictions without considering whether the conviction was job-related and consistent with business necessity. At that time, BMW's criminal conviction records guidelines excluded from employment all persons with convictions in certain categories of crime, regardless of how long ago the employee had been convicted or whether the conviction was for a misdemeanor or felony. As part of the settlement, BMW was ordered, amongst other things, to refrain from use of the criminal record screening policy at issue and train on the proper use of criminal background checks and maintain pertinent records. Learn more on the EEOC website or from USA Today.