EEOC Sues Crothall Services Group to Enforce Federal Record-Keeping Requirements

Nationwide Facilities Services Provider Fails to Maintain Records That Disclose Impact of Its Employee Selection Procedures, Federal Agency Charges

PHILADELPHIA - Crothall Services Group, Inc., a nationwide provider of janitorial and facilities management services based in Wayne, Pa., is in violation of federal law requiring it to maintain records or other information that will disclose the impact its employee selection procedures have on equal employment opportunities, U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday.

According to EEOC's complaint, Crothall conducts criminal background checks and criminal history assessments. Crothall uses its assessments of an applicant's criminal history to make hiring decisions. The company fails to make and keep required records, however, that will disclose the impact that its criminal history assessments have on persons identifiable by race, sex or ethnic group, the agency charged.

Crothall's failure to make and keep such records violates Title VII of the Civil Rights Act of 1964. Title VII protects individuals from discrimination in employment because of race, sex, national origin, color, or religion, including certain employment practices that have a disparate impact on employees in protected groups. Title VII, together with record-keeping requirements found in 29 CFR part 1607 of the Code of Federal Regulations, require employers to maintain records disclosing the impact their selection procedures have upon employment opportunities of persons identifiable by race, sex, or ethnic group. EEOC filed suit in U.S. District Court for the Eastern District of Pennsylvania (Equal Employment Opportunity Commission v. Crothall Services Group, Inc., Civil Action No. 2:15-cv-03812-AB). The agency is seeking injunctive relief requiring the company to comply with the federal record-keeping requirements.

"Federal record-keeping requirements ensure that certain employers make and keep records that disclose the impact of their selection procedures," said Regional Attorney Debra Lawrence of EEOC's Philadelphia District Office. "EEOC's enforcement of the record-keeping requirements is important to the agency's commitment to eliminating discriminatory barriers in the workplace."

Eliminating barriers in recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic, and religious groups, older workers, women, and people with disabilities, is one of six national priorities identified by the Commission's Strategic Enforcement Plan.

EEOC enforces the federal laws prohibiting employment discrimination. More information about EEOC is available on its website, www.eeoc.gov.