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- Title
Banning the Box but Keeping the Discrimination?: Disparate Impact and Employers' Overreliance on Criminal Background Checks.
- Authors
Smith, Johnathan J.
- Abstract
The article discusses the disparate impact antidiscrimination doctrine in America in relation to employment laws and employers who allegedly rely to heavily on the results of criminal background checks (CBCs) as of January 2014. Title VII of the U.S. Civil Rights Act of 1964 is mentioned, along with plaintiffs' claims and various legal challenges to employers' CBC policies. The U.S. Equal Employment Opportunity Commission, racial profiling, and the nation's criminal justice system are examined.
- Subjects
UNITED States; DISPARATE impact (Law); UNITED States. Equal Employment Opportunity Commission; LABOR laws; BACKGROUND check laws; CIVIL Rights Act of 1964. Title VII; CRIMINAL justice system; RACIAL profiling in law enforcement; EMPLOYEE screening laws; ACTIONS &; defenses (Law)
- Publication
Harvard Civil Rights-Civil Liberties Law Review, 2014, Vol 49, Issue 1, p197
- ISSN
0017-8039
- Publication type
Article