Michigan Reentry Law Wiki

Employment: Disparate Impact Claims Under Title VII

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Legal Information

EEOC Policy Guidance on the Consideration of Arrest Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. (1982)

Sets forth the EEOC's procedure for determining whether arrest records may be considered in employment decisions

EEOC Policy Statement on the Issue of Conviction Records under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. (1982)

Sets forth the EEOC's procedure for determining the existence of a business necessity justifying the exclusion of an individual from employment on the basis of a conviction record.

Policy Statement on the Appropriate Statistics for Evaluation of Employers with Policy of Refusing to Hire Persons with Conviction Records under the Civil Rights Act of 1964 – Title VII

Sets forth the Commission's view as to the appropriate statistics to be used in evaluating an employer's policy of refusing to hire individuals with conviction records.

Douglas El v. Southeastern Pennsylvania Transportation Authority

Opinion of the Third Circuit Court of Appeals in the most recent, major disparate impact record-based barriers case.

Sample Documents and Pleadings

Sample complaint to EEOC (Jane Doe Letter)

Sample class action complaint to the EEOC

Sample letter seeking reinstatement based on Title VII violation

Sample complaint regarding criminal-records barriers for employment

Amicus brief in Third Circuit filed by the NAACP in Douglas El v. Southeastern Pennsylvania Transportation Authority by Community Legal Services

Douglas El is an important, Title VII case concerning the disparate impact that record-based barriers have on people of color.

Amicus brief filed by Community Legal Services in Third Circuit case of Douglas El v. Southeastern Pennsylvania Transportation Authority

Douglas El is an important, Title VII case concerning the disparate impact that record-based barriers have on people of color.

Social Science Research

Overview of Social Science Research Regarding the Disparate Impact of Criminal Record Exclusions on People of Color

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