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United States Fourth Circuit

Equal Employment Opportunity Commission v. Freeman, 13-2365

In this case, defendant Freeman conducted background checks on its job applicants, which plaintiff Equal Employment Opportunity Commission (EEOC) alleges had an unlawful disparate impact on black and male job applicants. Judgment of the district court granting summary judgment to Freeman after excluding the EEOC's expert testimony as unreliable under Federal Rule of Evidence 702 is affirmed, where: 1) the district court properly excluded the EEOC's expert testimony as unreliable given the sheer number of mistakes, omissions, and fallacies in the expert's analysis, which rendered it outside the range where experts might reasonably differ; and 2) without this testimony, the agency failed to establish a prima facie case of discrimination.

Appellate Information

  • Decided 02/20/2015
  • Published 02/20/2015


  • Gregory


  • United States Fourth Circuit


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