Dollar General has received a set back in their attempt to obtain background check statistical analysis from the EEOC lawsuit. The objection brought by Dollar General was denied by an Illinois federal judge. The EEOC claims the Dollar General background check policy had restricted African Americans finding employment with Dollar General. The objection was denied on November 17 and was in respect of an earlier ruling by a magistrate judge. This determined the retailer could not obtain statistical analyses used as it’s bases for the lawsuit over its background check and hiring practices. Dollar General were further over ruled in respect of it’s objections to requests by the EEOC for documents relating to the practice of a purported “Desired Behavior Assessment”. This along with drug and reference tests and credit checks used as screening for potential employees.

This is the latest juncture in the EEOC v Dollar General lawsuit originally brought in 2013. The company’s hiring process and in particular the mechanics of it’s criminal background check. It is claimed that the procedure and criteria had a disparate affect on African American applicants. April saw the magistrate judge approve an EEOC request compelling Dollar General to disclose documents in relation to pre employment screening. The motion by EEOC also sought to identify ‘when and why’ the Desired Behavior Assessment was used. Documents for the assessment tool had been requested dating back to 2004.

Dollar General had claimed that the documents requested by EEOC for their case were irrelevant. Further, in May, the magistrate judge also agreed that “statistical analyses” should neither be disclosed by the EEOC. These documents protected by the “deliberative process privilege,” which essentially covers a bar on access to governmental policies and decisions.It was also confirmed by the federal judge that the magistrate judge was also correct over EEOC requested documents. The documents are required for the EEOC case. This in order to overcome the claim that the criminal background check is a “business necessity”.

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