BMW asked a federal court to dismiss a complaint by the Equal Employment Opportunity Commission (EEOC) that some of its employment practices disproportionately excluded blacks from working at the automaker’s plant.
The EEOC filed a lawsuit in June after six black former employees who had worked at BMW through a staffing agency filed a complaint with the commission.
The federal agency claimed BMW violated the Civil Rights Act by firing some employees and barring them from rehire as a result of criminal background checks. At that time, the commission said in a release that “BMW disproportionately screened out African-Americans from jobs.”
The EEOC alleged that the claimants had worked at BMW as employees of UTi Integrated Staffing Logistics Inc., a staffing agency. When UTi’s contract with BMW ended in 2008, employees were required to reapply for their positions with a new contractor and undergo a different, more stringent background check under BMW’s policy. As a result, several employees became ineligible for employment.
In its Aug. 9 response, the automaker denied claims related to specific employees, duties, or employment-related actions. BMW admitted in an Aug. 9 response that its policy denied employment to some people based on their criminal convictions, but denied engaging in unlawful employment practices based on race.
BMW also admitted that UTi employees had previously provided logistics, warehouse, distribution and other services at the Spartanburg plant, but said “BMW lacks sufficient knowledge or information to determine the truth or falsity of … and therefore denies” EEOC claims that claimants were UTi employees, 69 of whom were black out of 88 total.
Among other defenses, BMW also maintained that EEOC’s claims exceeded the statute of limitations, and that claimants had not exhausted administrative remedies required by law before filing.
The commission is seeking back pay for lost wages or “front pay” representing future wages, as well as an order barring future discrimination, and compensation for legal expenses. BMW is asking for dismissal of the suit and compensation for legal expenses.
The EEOC had previously advised employers in 2012 that the use of arrest and conviction records as employment criteria could be at odds with Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex or national origin. The complaint against BMW and another against Goodlettsville, Tenn.-based retailer Dollar General, also filed in June, were the first actions in accordance with the 2012 guidance.
