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Is Their Background Check Legal?Though many employers say their organizations conduct screening to reduce the risk to the organization or to ensure a safer workplace, many are using the screenings to whittle down long lists of job applicants. In essence, they are using criminal records or poor credit histories to make character judgments against job candidates when there is no job-related or business necessity. Whether you believe the result of a screening is a correct predictor of behavior and performance or not, the act of screening for that purpose is coming up against new legislative restrictions and legal challenges. For example, on October 1, 2009, the Equal Employment Opportunity Commission (EEOC) filed a discrimination lawsuit against Freeman Cos., a corporate events marketing company that it claims has rejected job applicants based on their credit history and if they had criminal charges in their background. The EEOC says these exclusionary practices are not job-related or justified by business necessity. |
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