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E.E.O.C. v. KAPLAN HIGHER EDUC. CORP.

No. 13-3408.

748 F.3d 749 (2014)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. KAPLAN HIGHER EDUCATION CORPORATION, Kaplan, Inc., and Iowa College Acquisition Corporation, d/b/a Kaplan University, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 9, 2014.

Attorney(s) appearing for the Case

ARGUED: Kate Northrup , United States Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Gerald L. Maatman, Jr. , Seyfarth Shaw LLP, Chicago, Illinois, for Appellees. ON BRIEF: Kate Northrup , United States Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Gerald L. Maatman, Jr. , David J. Rowland , Pamela Q. Devata , Jennifer A. Riley , Matthew J. Gagnon , Seyfarth Shaw LLP, Chicago, Illinois, for Appellees. Anastasia P. Boden , Pacific Legal Foundation, Sacramento, California, for Amicus Curiae.

Before: KEITH, COOK, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses. The EEOC's personnel handbook recites that "[o]verdue just debts increase temptation to commit illegal or unethical acts as a means of gaining funds to meet financial obligations." Because of that concern, the EEOC runs credit checks on applicants for 84 of the agency's 97 positions. The defendants (collectively...

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