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Third Circuit Decision in El v. SEPTA (3/19/2007)

  • Organization: United States Court of Appeals for the Third Circuit
  • Document Type: Case law/admin decisions
  • Date Created: Monday, March 19, 2007
  • Submitted: Thursday, May 03, 2007
  • Attachment(s): PDF

Third Circuit ruling against the plaintiff in El v. SEPTA, a decision challenging the policy that led to the plaintiff being fired from his paratransit driver job based on his 40+ year murder conviction.

This decision is the most thorough treatment to date of the application of Title VII to people with criminal convictions, and includes the language stating "it does not appear that the EEOC Guidelines are entitled to great deference" (p. 25)

Although it did not adopt the three-part test put forth in the one appellate decision that came before it (Green v. Missouri Pac. R.R. Co., 523 F.2d 1290 (8th Cir. 1975)) and in the EEOC Guidances, it creates a standard that "the policy under review accurately distinguish between applicants that pose an unacceptable level of risk and those that do not" (pp. 27-28).

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