Larkin Hoffman provides counsel to a wide variety of organizations, from small businesses and nonprofits to Fortune 500 companies, in many areas of practice including corporate and governance matters, litigation, real estate, government relations, labor and employment, intellectual property, information technology, franchising and taxation. The firm also serves the needs of individuals in many areas including trusts and estates and family law.
We are an entrepreneurial law firm with a vibrant practice. Our attorneys’ doors are open for collaboration in a friendly and professional atmosphere. We nurture client relationships through exceptional service, teamwork and creativity even as we work remotely. We are a firm, not merely a collection of individuals practicing law under the same roof. This spirit of cooperation – among attorneys and staff – is a key element of our firm culture.
The Eighth Circuit Court of Appeals recently dismissed a race discrimination case based on the employer’s criminal records policy (EEOC v. Con-Way Express Inc., 09-2926-2930 (8th Cir. Sept. 22, 2010)).
The Eighth Circuit Court of Appeals recently dismissed a race
discrimination case based on the employer's criminal
records policy (EEOC v. Con-Way Express Inc., 09-2926-2930
(8th Cir. Sept. 22, 2010)). Con-Way Express had an unwritten but
established policy of not hiring applicants with theft-related
convictions. The applicant disclosed on her application that she
had two misdemeanor shoplifting convictions. Based on those
convictions, Con-Way Express chose not to hire the applicant. The
EEOC sued on behalf of the applicant, claiming that Con-Way Express
had discriminated against her based on her race.
The EEOC argued that Con-Way Express could not rely on the
criminal record policy because it was unwritten. The Court rejected
this argument, stating that there was sufficient evidence that the
policy existed and was uniformly enforced because Con-Way Express
had disqualified 28 applicants in the previous 18-month period due
to their theft-related convictions. The Court concluded that the
applicant would have been rejected regardless of her race, and
therefore dismissed the case.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
