Banning the Box but Keeping the Discrimination?: Disparate Impact and Employers’ Overreliance on....

How can advocates use Title VII disparate impact litigation and the Equal Employment Opportunity Commission to move more effectively towards ending employment discrimination against people with criminal records? This author argues that advocates should push the EEOC to support BTB policies and provide further guidance to enforce anti-discrimination laws which could then be used, both in and out of court, to hold employers accountable.

Smith, J. J. (2014). Banning the Box but Keeping the Discrimination?: Disparate Impact and Employers’ Overreliance on Criminal Background Checks. Harvard Civil Rights, 49(1), 32. http://doi.wiley.com/10.1111/1745-9133.12250

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Open Access Source: https://harvardcrcl.org/wp-content/uploads/sites/10/2009/06/HLC105.pdf