Tag Archives: EEOC

NAPBS Responds to EEOC Enforcement Guidance on Use of Criminal Background Checks by Employers

The National Association of Professional Background Screeners (NAPBS®) — ‘The Voice of Screening Professionals’ — has issued a statement in response to 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 by U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012. The updated EEOC Guidance is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Continue reading

EEOC Issues Updated Guidance on Use of Arrest and Conviction Records by Employers

The U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination, today voted 4-1 to approve updated 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 EEOC Guidance is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Questions and Answers (Q & As) about the EEOC’s Enforcement Guidance are at http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm. Continue reading

EEOC Meeting April 25 to Vote on New Guidance for Criminal Records Used by Employers for Background Checks

The U.S. Equal Employment Opportunity Commission (EEOC), the Government agency that enforces federal laws prohibiting employment discrimination, will hold a public meeting on Wednesday, April 25, 2012 to vote on proposed ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964’ to revise guidance on the use of criminal records by employers for employment screening background checks. The meeting will take place at 9:30 A.M. Eastern Time in the Commission Meeting Room on the First Floor of the EEOC Office Building at 131 “M” Street, NE in Washington, D.C.. For more information, visit: http://www.eeoc.gov/eeoc/newsroom/release/4-19-12.cfm. Continue reading

Chamber of Commerce Urges OMB to Require EEOC to Allow Public Input on Background Check Guidance

In a recent letter to the Office of Management and Budget (OMB), the U.S. Chamber of Commerce urged the OMB to require the Equal Employment Opportunity Commission (EEOC), the nation’s leading enforcer of employment anti-discrimination laws, to allow a review by the OMB and public input as the EEOC prepares to issue new enforcement guidance on the use of criminal background checks and credit background checks by employers. The text of the letter from the Chamber regarding ‘Forthcoming Significant Guidance from EEOC on Employer Use of Credit and Criminal History’ is available at: http://op.bna.com/dlrcases.nsf/id/kmgn-8szk2j/$File/ChamberCrim.pdf. Continue reading

New EEOC Strategic Plan Combats Employment Discrimination through Strategic Law Enforcement

The United States Equal Employment Opportunity Commission (EEOC), the nation’s leading enforcer of employment anti-discrimination laws, recently approved its ‘Strategic Plan for Fiscal Years 2012-2016’ that establishes a framework for achieving the EEOC’s mission to “stop and remedy unlawful employment discrimination.” The first of three strategic objectives in the EEOC Strategic Plan is to combat employment discrimination through strategic law enforcement with the goal of reducing employment discrimination, remedying discriminatory practices, and securing meaningful relief for victims. The new EEOC Strategic Plan is at: http://www.eeoc.gov/eeoc/plan/strategic_plan_12to16.cfm. Continue reading

Alleged Killing by Cafe Worker with Criminal Past Demonstrates Need for Small Business to Perform Background Checks

A recent story from The Charlotte Observer about an ex-felon hired to work at a cafe who allegedly killed a pregnant cafe manager by fatally stabbing her during a robbery demonstrates the need for small businesses to perform background checks, as well as the risks taken when hiring employees with criminal records or the exposure to legal liability faced when failing to conduct thorough background checks on job applicants. The Charlotte Observer story ‘Killing puts background checks in spotlight’ is available at: http://www.charlotteobserver.com/2012/01/28/2965684/killing-puts-background-checks.html. Continue reading

Top Background Check Trends of 2012 Detailed by Safe Hiring Expert in Interview

The question of whether criminal background checks for job applicants are a smart move or a discriminatory practice is answered by Attorney and safe hiring expert Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), in an exclusive interview with Tom Field, Editorial Director of Information Security Media Group. The interview ‘Top 10 Screening Trends – What You Need to Know Before Conducting Background Checks’ detailing ESR’s Top 10 trends in background checks for 2012 is at: http://www.bankinfosecurity.com/interviews.php?interviewID=1347. Continue reading

Discrimination and Disparate Impact of High School Diploma Requirement for Learning Disabled Discussed in EEOC Letter

The U.S. Equal Employment Opportunity Commission (EEOC) Office of Legal Counsel recently wrote an informal discussion letter in response to an inquiry from a member of the public asking whether the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA) of 2008, prohibited a state from requiring students with learning disabilities to take “Gateway tests” or “end-of-course assessments” in order to receive their full high school diplomas. This letter, which is intended to provide an informal discussion of the issue and does not constitute official EEOC opinion, is at: http://www.eeoc.gov/eeoc/foia/letters/2011/ada_qualification_standards.html. Continue reading

Pepsi Pays 3 Million after EEOC Finds Hiring Discrimination against African Americans with Background Check Policy

Following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), Pepsi Beverages has agreed to pay $3.13 million and make major policy changes by providing job offers and training to resolve a charge of nationwide hiring discrimination against African Americans with criminal background checks, according to a press release from the EEOC website. The Commission found that the criminal background check policy formerly used by Pepsi discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964, and most of the monetary settlement will primarily be divided among black applicants for positions at Pepsi. Continue reading

Background Check Trends List for 2012 Topped by Greater Scrutiny of Criminal Record Checks of Job Applicants

The use – and, in some cases, misuse – of criminal background checks of job applicants by employers, a practice which has come under greater scrutiny of the U.S. Equal Employment Opportunity Commission (EEOC), has topped the fifth annual Employment Screening Resources ‘Top 10 Trends in Background Checks’ for 2012. For the past five years, Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR) – ‘The Background Check Authority(SM)’ and nationwide background screening firm accredited by the National Association of Professional Background Screeners (NAPBS®) – has compiled a list featuring emerging and influential trends in employment screening background checks for employers. Continue reading