Here is a little change from the normal Negligent Hiring cases I usually get. Interesting thing here is that there is a definitive body of work on record, from 2001 that summarizes the invalidity of the candidate's (client's) position, and thus, moots his argument.
I had to tell the lawyer that he has no case, based on his primary assertion, and this is important for all of us, who are still subject to this type of potential assertion from properly dismissed candidates in our daily hiring practices.
Lawyer is white, large law firm in Georgia. Client is African-American, asserts a disparate impact theory rooted in theoretical inherent racial discrimination based in the routine hiring practice of conducting backgroundchecks.
I immediately cited the June, 2001 Study entitled: "Perceived Criminality, Criminal Background Checks and the Racial Hiring Practices of Employers"(Holzer/Raphael Stoll), which can be viewed through the link below:
CLICK HERE
See page 33, Section 6. Conclusion
I think you will all be surprised to see what this highly empirical,statistical study revealed about this assertion.

