The U.S. Equal Employment Opportunity Commission got smacked down hard on Wednesday in an employment discrimination case it brought against the education company Kaplan Inc. and related entities.

In a scathing decision, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of claims that Kaplan discriminated against racial minorities by using credit checks as part of its hiring process. While it was a flawed expert report that derailed the EEOC’s case, the Sixth Circuit also called the agency out for hypocrisy.