If you’re in charge of HR and play a role in your company’s hiring decisions, you probably don’t want to hire any crimals … right? Seems logical, but let’s not jump to any conclusions just yet.
EEOC Guidance on Criminal Records
Most companies require background checks of their applicants and employees. These background checks are designed to ensure the accuracy of the information that the applicant or employee supplies the employer. As part of their background checks, employers often conduct credit checks by obtaining consumer reports from outside credit reporting agencies. Full Story
While the EEOC’s position on the use of criminal background checks adds to the time and cost of implementing a screening policy, there remain many benefits to screening potential candidates Full Story
EEOC’s Multifaceted Effort to Aggressively Target Employer Policies Potentially Having "Disparate Impact"
As many of you know, the Equal Employment Opportunity Commission (EEOC) has been on an aggressive tear of late on a broad range of issues. In addition to upping its investigations of charges of individual “disparate treatment” discrimination, it is undertaking a number of new initiatives that show a renewed focus on facially neutral employer policies that may have a (frequently unintentional) “disparate impact” on protected classes of employees. Full Story
Chicago Partner Mark Spognardi recently wrote an article, “6 tips for complying with EEOC guidance when using arrest and conviction records,” that discusses the Equal Employment Opportunity Commission’s April 2012 revision of the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Right Act of 1964 (Guidance). Full Story
Recently, in EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 14, 2012), the U.S. District Court for the District of Maryland put the kabash on the EEOC’s efforts to avoid depositions of its officials to inquire about their use of criminal background checks and credit histories in the EEOC’s own hiring practices.
Overall, it does a good job summarizing the issues when it comes to state employment. Full Story
Discrimination cases are typically contained to protected classes outlined in title VII as: age, race, religion, gender, sexual orientation, disability. Criminal back ground is not included in these protected classes however the courts have found that employment decisions based on criminal backgrounds should have some guidelines. Full Story
House Passes Appropriation Bill That Limits EEOC’s Implementation of Stringent Enforcement Guidelines Regarding Criminal Screening Policies
The EEOC’s recent enforcement guidance regarding employers’ use of criminal histories in employment decisions (the “Guidance”) appears to have one more foe: the U.S. House of Representatives. On May 10, 2012, the House passed an appropriation bill that would prohibit the use of EEOC funds for implementing, administering, or enforcing the Guidance. Full Story
The EEOC’s New and Improved (or at Least More Detailed) Enforcement Guidance On Arrest & Conviction Records
As promised in a previous post, the Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance concerning the use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended. Full Story