individualized assessment

Philadelphia’s Ban the Box has been on the books since 2011.  However, it was recently amended and certain changes went into effect yesterday (3/14/16).  Here are the basics about the Fair Criminal Records Screening Standards Ordinance (pay special attention to those items in bold/italics):

  • It is illegal (i.e., an unlawful discriminatory practice) 

BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through application of criminal background checks which had a disparate impact and lead to said employees termination.

You will recall that the issue in the BMW litigation involved