Since the Defendant claimed the background investigation policies were multi-step processes that involved “different types of checks depending on the specific job and individual was seeking, consideration of both subjection and objective criteria, and examination of a long list of faction, any one of which might control the ultimate employment decision”; the EEOC also argued it was unfeasible, not meaningful, and unnecessary to examine each sub-factor separately. Furthermore, the EEOC argued that Defendant provided error data and finally caused many alleged errors in Murphy’s dataset. Later, Plaintiff contended that Defendant’s reply brief included “new” evidence and “new” arguments, so the EEOC should be allowed to file a
Since the Defendant claimed the background investigation policies were multi-step processes that involved “different types of checks depending on the specific job and individual was seeking, consideration of both subjection and objective criteria, and examination of a long list of faction, any one of which might control the ultimate employment decision”; the EEOC also argued it was unfeasible, not meaningful, and unnecessary to examine each sub-factor separately. Furthermore, the EEOC argued that Defendant provided error data and finally caused many alleged errors in Murphy’s dataset. Later, Plaintiff contended that Defendant’s reply brief included “new” evidence and “new” arguments, so the EEOC should be allowed to file a