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EEOC Exhibits Governmental Hypocrisy

Posted by Steve Markowitz on September 17, 2012

The hypocrisy of governments is a continuing source of amazement.  Examples include Congressmen/women being allowed to use insider information that they obtained the trade securities, an act that would send private citizens to jail.  These “servants” of the people also have a special retirement benefits outside of Social Security and have exempted themselves from the horrors of Obamacare.

Elizabeth Trophy-Donzella, a lawyer with Shawe Rosenthal LLP of Baltimore, Maryland, posted another example of governmental hypocrisy in an article titled: EEOC’s Own Use of Criminal Background Checks.  As Ms. Trophy-Donzella explains, the Freeman company that supplies services to companies displaying at trade shows is being sued by the federal Equal Employment Opportunity Commission (EEOC) because of its practice requiring all job applicants to have a criminal background check.  The EEOC claimed Freeman’s requirement is discriminatory against certain minority male applicants.  While the logic behind the EEOC’s claim is ridiculous on its face, it becomes laughable in light of the fact that EEOC also requires similar criminal background checks for its job applicants.

The Left often rants against the greed that is an part of free market capitalism.  These same folks ignore the tyranny that is a guaranteed byproduct of the growing power of the federal government.  Both greed and tyranny serve the interests of those in power.  However, while society has legal redress against private individuals and companies, it is often powerless against the will and might of government.

EEOC’s Own Use of Criminal Background Checks, By Elizabeth Torphy-Donzella

The EEOC is suing Freeman, an events marketing company, challenging the legitimacy of the company’s use of criminal background checks in hiring.  Although the company’s screening process applies to all applicants, the EEOC claims the criminal checks have a discriminatory impact on Hispanic, Black and male applicants.  Freeman defends them as job related and consistent with business necessity.

Now, the EEOC will have to explain why applicants for jobs at the EEOC have to undergo background checks that – you guessed it – look at criminal history.  Magistrate Judge Charles B. Day of the U.S. District Court for the District of Maryland refused to grant the EEOC’s motion for a protective order that would have prevented the defendant from deposing an EEOC designee on this and other EEOC practices. In the decision, Judge Day wrote,

“Plaintiff [EEOC] claims that Plaintiff’s use of credit and criminal histories is not relevant because a business necessity defense ‘is employer and job-specific,’ and Defendant is the employer in question … However, if Plaintiff uses hiring practices similar to those used by Defendant, this fact may show the appropriateness of those practices, particularly because Plaintiff is the agency fighting unfair hiring practices.”

Deposition transcripts are not published except when used in support of a motion.  If, as we anticipate, Freeman files a motion for summary judgment, we will let you know what the EEOC had to say about the government’s use of criminal histories in hiring.

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