New, official EEOC guidance reinforces the commission’s view that using criminal histories to screen out job applicants can violate Title VII of the Civil Rights Act by having a disparate impact on minorities. EEOC Enforcement Guidance #915.002 makes clear that the commission recommends against asking about criminal convictions on job applications.
The takeaway: The EEOC is certain to go digging for bias when it scrutinizes employers’ criminal background-check procedures. If job applications—or hiring managers—ask about applicants’ criminal conviction histories, employers better be able to prove they have a good business reason for seeking the information. The guidance also makes clear that the EEOC never considers it appropriate to ask applicants if they have ever been arrested.
Learn more: www.theHRSpecialist.com/eeocbackground.
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