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Legal Compliance Spotlight: EEOC Lawsuits and the Use of Criminal Records in Hiring
Legal Compliance Spotlight: EEOC Lawsuits and the Use of Criminal Records in Hiring
Employers, are your background check policies compliant with the EEOC’s guidance on Title VII?
This essential analysis, "Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting Background Checks," by Rod M. Fliegel, Barry Hartstein, and Jennifer L. Mora (Littler), highlights a critical compliance risk that is still highly relevant.
The article discusses how the EEOC filed lawsuits challenging employers' use of criminal records in screening, asserting that "blanket exclusions" based on conviction history can violate Title VII of the Civil Rights Act due to their potential disparate impact on protected groups.
Key Compliance Takeaways:
Avoid Blanket Bans: Policies that automatically exclude all individuals with any criminal history are high-risk.
Conduct Individualized Assessments: The EEOC strongly recommends that employers evaluate applicants using its three core factors:
The nature and gravity of the offense or conduct.
The time that has passed since the offense, conduct, and/or completion of the sentence.
The nature of the job held or sought.
Fortify Your Procedures: These cases underscore the need for employers to closely monitor legislative and judicial developments and ensure all screening policies are clearly job-related and consistent with business necessity.
This piece remains a must-read for any company operating nationwide or across multiple jurisdictions.
Source: Littler Read the full analysis: https://www.littler.com/news-analysis/asap/two-new-eeoc-criminal-record-lawsuits-underscore-important-strategic-and
#HRCompliance #EEOC #BackgroundChecks #TitleVII #EmploymentLaw #RiskManagement #TheBackgroundInvestigator
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