Before you run criminal and credit checks on potential employees, consider whether you absolutely need to know such information for making a hiring decision. If you do not, your company could be in danger of violating Title VII. Two lawsuits highlight the importance of checking your background checking policies, and checking them twice.
Last month, a class action Title VII lawsuit was filed against the U.S. Census Bureau, claiming that the agency unlawfully denied employment to minorities who had arrest records. According to the lawsuit, the Census Bureau screened out applicants who had an arrest record, regardless of whether the arrest led to a criminal conviction. Plus, the screening process did not distinguish between minor, non-criminal offenses, which were unrelated to the job, and more serious criminal convictions.
Applicants were then required to produce official court records within 30 days, but ...(register to read more)