EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant,
v.
FREEMAN, Defendant-Appellee, and
The United States Office of Personnel Management, Intervenor.
Pacific Legal Foundation; Equal Employment Advisory Council; National Federation of Independent Business Small Business Legal Center; Retail Litigation Center; Chamber of Commerce of The United States of America, Amici Supporting, Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Affirmed by published opinion. Judge Gregory wrote the opinion, in which Judge Agee and Judge Diaz joined. Judge Agee wrote a separate concurring opinion.
GREGORY, Circuit Judge:
In 2001, Freeman began conducting background checks on its job applicants, which the Equal Employment Opportunity Commission ("EEOC") alleges had an unlawful disparate impact on black and male job applicants. The district court granted summary judgment to Freeman after excluding...
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