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What are the basic rules for conducting background checks that pass legal muster?

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in Employment Background Check,Human Resources

Q. We have several positions in our company that require financial discretion. May we perform background checks on applicants for these jobs?

A. Yes. In 2012, the EEOC issued an updated Enforce­ment Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. The guidance is a summary of the EEOC’s long-held position that employer reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin.

In March, the EEOC and the Federal Trade Com­mis­sion (FTC) jointly released two pamphlets on the use of background checks in the workplace, one directed at em­­ployers and the other at applicants and employees.

These documents are the first official federal insight on this topic since the 2012 release of the EEOC’s Enforce­­ment Guidance. However, they do not break new ground. Rather, they reiterate “best practices” related to bac...(register to read more)

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