EEOC Sends Message to Employers that Criminal Records of Job Applicants Must Be Used Carefully

In the Wall Street Journal article ‘Employment Checks Fuel Race Complaints,’ Attorney Lester Rosen, Founder and CEO of background check company Employment Screening Resources® (ESR), says the U.S. Equal Employment Opportunity Commission (EEOC) has been delivering the same message to employers since the 1980s: “Criminal records need to be used carefully, not with brute force, more as a surgical instrument.” The article, which catalogues the increased scrutiny of background checks by the EEOC, is available at http://online.wsj.com/article/SB10001424127887323495604578539283518855020.html.

As reported earlier by ESR News, the EEOC filed lawsuits against two employers – a U.S. unit of German auto maker BMW and discount retailer Dollar General Corp. – alleging they violated Title VII of the Civil Rights Act by implementing and utilizing a criminal background check policy that resulted in employees being fired or screened out for employment. A press release from the EEOC about the lawsuits – the first enforcement action against employers under revised EEOC Guidance for criminal records – is available at http://www.eeoc.gov/eeoc/newsroom/release/6-11-13.cfm.

These two most recent lawsuits filed by the EEOC – the agency enforcing federal laws prohibiting employment discrimination – shows the commitment to enforcing the updated ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964’ issued on April 25, 2012. As a result, employers need to be aware of the updated EEOC enforcement guidance regarding employer use of arrest and conviction records which is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

To help employers understand how to properly use criminal records, Rosen has written a complimentary whitepaper titled ‘Practical Steps Employers Can Take to Comply with New EEOC Criminal Record Guidance’ available to employers by emailing EEOCwhitepaper@esrcheck.com. Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – is a nationwide screening provider accredited by the National Association of Professional Background Screeners (NAPBS®). For information about ESR, visit http://www.esrcheck.com or call toll free 888.999.4474.

Sources:

http://online.wsj.com/article/SB10001424127887323495604578539283518855020.html

http://www.esrcheck.com/wordpress/2013/06/12/equal-employment-opportunity-commission-files-lawsuits-against-two-employers-for-use-of-criminal-background-checks/

http://www.eeoc.gov/eeoc/newsroom/release/6-11-13.cfm

About Employment Screening Resources® (ESR):

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more about ESR, visit http://www.esrcheck.com or call toll free 888.999.4474.

About ESR News:

The Employment Screening Resources® (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at tahearn@esrcheck.com. To subscribe to the ESR News Blog Feed, visit http://www.esrcheck.com/wordpress/feed/. To subscribe to the complimentary ESRcheck Report monthly newsletter, please visit http://www.esrcheck.com/Newsletter/.