EEOC Responds to Attorneys General Letter Urging Reconsideration of Criminal Background Check Guidance

The Chair of the U.S. Equal Employment Opportunity Commission (EEOC) has responded to a letter sent in July 2013 from the Attorneys General of nine states – Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah, and West Virginia – that urged the EEOC to reconsider positions expressed in its ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964’ approved in April 2012. The complete EEOC letter is available at http://www.esrcheck.com/file/EEOC-Response-to-AG-Letter.pdf.

In the letter, EEOC Chair Jacqueline A. Berrien wrote that the “updated guidance clarifies and updates the EEOC’s longstanding policy” and that “it is not illegal for employers to conduct or use the results of criminal background checks.” She also responded to concerns about two recently filed EEOC lawsuits challenging criminal background exclusions under Title VII, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. The updated EEOC guidance on criminal records is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

As reported previously on the ESR News blog, the letter from the nine Attorneys General to the EEOC – the agency enforcing federal laws prohibiting employment discrimination – described the two EEOC lawsuits filed against Dollar General and BMW Manufacturing Co. LLC in June 2013 as “misguided and a quintessential example of gross federal overreach.” The letter urged the EEOC to reconsider the lawsuits and its updated guidance on the use of criminal records for employment purposes. The complete letter is available at http://www.esrcheck.com/file/Atty-General-Criticism-of-EEOC_2013-7-24.pdf.

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

Related ESR News Blogs:

Attorneys General from Nine States Send Letter to EEOC Expressing Concern about Background Check Ban

Equal Employment Opportunity Commission Files Lawsuits against Two Employers for Use of Criminal Background Checks

Sources:

http://www.esrcheck.com/file/EEOC-Response-to-AG-Letter.pdf

http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm http://www.esrcheck.com/file/Atty-General-Criticism-of-EEOC_2013-7-24.pdf

http://www.esrcheck.com/file/Atty-General-Criticism-of-EEOC_2013-7-24.pdf

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/.