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EEOC: We’re watching how you run criminal checks

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in Discrimination and Harassment,Employment Background Check,Human Resources

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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