• Text Size
• Print
• Email

  From:
  

  To:
  

  Hey! Check out this news page: https://www.thebackgroundinvestigator.com/Articles/Best-Practice-Standards-for-Proper-Use-of-Criminal-Records-in-Hiring-Addressed-in-New-Report/1257/index.php.

  SendCancel

National News

Best Practice Standards for Proper Use of Criminal Records in Hiring Addressed in New Report

July 01, 2013 posted by Steve Brownstein

by Les Rosen

A group of national civil and workers’ rights organizations has released a new report titled ‘Best Practice Standards: The Proper Use of Criminal Records in Hiring’ that addresses the use of criminal records of job applicants by employers during employment background checks. The organizations preparing the report include the Lawyers’ Committee for Civil Rights Under Law, the National H.I.R.E. Network, and the National Workrights Institute. Background screening industry consultants who helped to develop the Best Practice standards include Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), as well as Fred Giles and James Owens of CARCO Group, Inc. The full report is available at http://www.scribd.com/doc/142787063/Best-Practices-Standards-The-Proper-Use-of-Criminal-Records-in-Hiring.

  According to the new report: “Responsible hiring practices should incorporate the recommendations made by the Equal Employment Opportunity Commission (EEOC), the agency that enforces federal employment discrimination laws, in its 2012 ‘Enforcement Guidance on the Use of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964.’ The Best Practice Standards presented here set out concrete, practical procedures that will help employers make hiring decisions that: Comply with the EEOC Guidance and limit liability under Title VII of the Civil Rights Act and state and local anti-discrimination laws; Comply with the Fair Credit Reporting Act (FCRA); and Minimize the risk of liability from hiring an unfit employee.”

  The report includes the following 15 Best Practice Standards that “enable employers to protect their interests and the interests of those they serve, without unduly burdening applicants for past mistakes”:

1. CONSIDER ONLY CONVICTIONS AND PENDING PROSECUTIONS
2. CONSIDER ONLY CONVICTIONS THAT ARE RELEVANT TO THE JOB IN QUESTION
3. CONSIDER ONLY CONVICTIONS RECENT ENOUGH TO INDICATE SIGNIFICANT RISK
4. DO NOT ASK ABOUT CRIMINAL RECORDS ON APPLICATION FORMS
5. USE A QUALIFIED CONSUMER REPORTING AGENCY (CRA) TO CONDUCT RECORD CHECKS
6. THE CRA SHOULD REPORT ONLY CONVICTIONS THAT ARE RELEVANT AND RECENT
7. REPORT CONVICTIONS ONLY WHEN FULL NAME AND ONE OTHER IDENTIFIER MATCH
8. CONFIRM ALL INFORMATION FROM ONLINE DATABASES WITH ORIGINAL SOURCE
9. GET CURRENT DISPOSITION OF ALL RELEVANT INFORMATION
10. PROVIDE APPLICANT THE OPPORTUNITY TO CHALLENGE THE CRA’S REPORT
11. ALL CHARGES RELATED TO A SINGLE INCIDENT SHOULD BE REPORTED AS A SINGLE ENTRY
12. CONSIDER EVIDENCE OF REHABILITATION
13. MINIMIZE CONFLICT OF INTEREST BY DECISION MAKERS
14. TRAIN HUMAN RESOURCES STAFF
15. HAVE A DIVERSITY PROGRAM

  A more detailed description of each of the 15 Best Practice Standards – which apply to both employers and Consumer Reporting Agencies (CRAs) – is included in the report.