EEOC Guidance on Criminal Records Focuses on Employment Discrimination during Background Checks

In April 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – voted to update the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The updated Guidance, which focuses on employment …

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EEOC Chair Says Criminal Background Checks by Employers Not Banned

In a letter to the Wall Street Journal responding to the June 15, 2013 article ‘Banning Background Checks,’ Jacqueline A. Berrien, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), denied the article’s suggestion that the EEOC believes criminal background checks by employers are “racist” and that the agency wants to ban the practice. The …

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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, …

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

The U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits against two employers 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 about the lawsuits – the first enforcement action against …

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

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 …

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Maryland Becomes Latest State to Ban the Box Asking Questions about Criminal History from Job Applications

With the signing Senate Bill 4 (SB 4) by Governor Martin O’Malley, Maryland became the ninth U.S. state to “Ban the Box” and remove questions about criminal history from state job applications while also postponing questions about criminal records of applicants until later in the hiring process.  SB 4 removes the criminal history question from …

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US Senate Confirms New Commissioner of Equal Employment Opportunity Commission

The U.S. Senate has confirmed Jenny Yang to serve in the post of Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination. Her term will expire on July 1, 2017.  A ‘Senate Floor Wrap Up’ for Thursday, April 25, 2013, the date of confirmation, is available at http://democrats.senate.gov/2013/04/25/senate-floor-wrap-up-for-thursday-april-25-2013/.

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Background Checks in California and How to Comply with New EEOC Guidance Explained in Webinar

Attorney Lester Rosen, Founder and CEO of San Francisco-area background check firm Employment Screening Resources® (ESR), will present a live California Employer Advisor (CEA) webinar titled ‘Background Checks in California: How To Comply with the EEOC’s Recently Issued Enforcement Guidance’ on Tuesday, April 30, 2013 from 10:30 a.m. to 12:00 noon Pacific. The webinar is …

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EEOC Commission Meeting on March 20 Focuses on Improving and Measuring Quality of Investigations

The U.S. Equal Employment Opportunity Commission held a meeting on Wednesday, March 20, 2013 to develop the Quality Control Plan (QCP) called for in the EEOC’s 2012-2016 Strategic Plan to revise the criteria used to measure the quality of agency charge investigations and conciliations. Three roundtables – made up of EEOC front line staff, private …

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Complaints to EEOC Allege National Retailer Discriminated against Job Applicants with Criminal Records

The National Association for the Advancement of Colored People (NAACP) and the community group TakeAction Minnesota have accused a large national retailer of unfair hiring practices that allegedly discriminated against job applicants with criminal records in ten formal complaints filed with the U.S. Equal Employment Opportunity Commission (EEOC). More information about this story is available …

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