Chuck Knapp Quoted in Minnesota Lawyer on Recent EEOC Suits Alleging Discriminatory Background Checks

Chuck Knapp, partner at Faegre Baker Daniels, recently spoke with Minnesota Lawyer about lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) against two companies alleging discriminatory use of criminal background checks in their hiring policies.

Knapp, who is also chair of the Labor and Employment Law Section of the Minnesota State Bar Association, noted that the emphasis the EEOC is placing on the issue of background checks is no surprise, but should be a concern for employers.

"What may be a surprise is the EEOC's interpretation of what is and is not reasonable for an employer to do," Knapp said. "Furthermore, many employers have no choice but to do background checks out of obligation to their customers. There is tension between the attempt to avoid liability for negligent hiring and the EEOC's disparate impact policy. It's a tough line."