E.E.O.C. v. PEOPLEMARK, INC.

No. 11-2582.

732 F.3d 584 (2013)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. PEOPLEMARK, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 7, 2013.


Attorney(s) appearing for the Case

ARGUED: P. David Lopez , United States Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Edward R. Young , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Memphis, Tennessee, for Appellee. ON BRIEF: P. David Lopez , Donna J. Brusoski , United States Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Edward R. Young , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Memphis, Tennessee, for Appellee. Rae T. Vann , Norris, Tysse, Lampley & Lakis, LLP, Washington, D.C., for Amici Curiae.

McKEAGUE, J., delivered the opinion of the court, in which BOGGS, J., joined. CARR, D.J. (pp. 17-67), delivered a separate dissenting opinion.


OPINION

McKEAGUE, Circuit Judge.

The Equal Employment Opportunity Commission ("Commission") filed a complaint against Peoplemark, alleging that Peoplemark had a blanket, companywide policy of denying employment opportunities to persons with felony records and that this companywide policy had a disparate impact on African Americans. As it turned out, the alleged companywide policy did not exist. Eventually, the Commission dismissed its claim through joint...

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