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.
- Beware firing worker who sleeps with the enemy
- Consent doesn't mean it wasn't harassment
- Did everything employee asked and still got sued? You may get attorneys' fees
- Targeting men only is also sexual harassment
- No need to investigate harassment complaints clearly not covered by anti-discrimination laws