Are you running background checks correctly?
On April 25, 2012, the EEOC released a 52-page Guidance document on Criminal Background Checks. In the Guidance, the EEOC describes the circumstances under which an employer’s use of arrest and conviction records can violate Title VII’s disparate treatment and disparate impact theories. It also provides hypothetical examples to underscore its legal analysis and contains a list of employer best practices. In consideration of the new Guidance, it is important to ask the following questions:
- What questions are you asking on employment applications?
- How are you using arrest records?
- Does your current policy provide applicants and employees with the opportunity for individualized assessments?
- Are you complying with state law while risking violation of federal law?
- How does your current background screening policies and practices line up to the new Guidance?
Employers should anticipate aggressive oversight by the EEOC. The Commission continues to emphasize its systemic program and has been pursuing employment selection procedures.
Need help evaluating your current Background Check Screening Policies and Practices?