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

The Attorneys General from nine states – Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah, and West Virginia – have sent a letter to the U.S. Equal Employment Opportunity Commission (EEOC) expressing concern about two recent lawsuits filed by the EEOC against companies that use criminal background checks when hiring new employees. The signed letter dated July 24, 2013 is available at https://www.esrcheck.com/file/Atty-General-Criticism-of-EEOC_2013-7-24.pdf.

The letter states that two EEOC lawsuits filed against Dollar General and BMW Manufacturing Co. LLC in June 2013 are “misguided and a quintessential example of gross federal overreach.” The letter also urges the EEOC to reconsider the lawsuits and its 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 and available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

The EEOC enforces Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race, color, religion, sex, or national origin. The Enforcement Guidance is part of the EEOC’s efforts to eliminate unlawful discrimination in employment screening, hiring, or retention. The EEOC originally issued three separate policy documents in February and July 1987 and in September 1990 explaining when the use of arrest and conviction records in employment decisions may violate Title VII.

As reported previously on ESR News, the EEOC filed lawsuits against the two employers in June 2013 alleging they violated Title VII of the Civil Rights Act of 1964 by using a criminal background check policy that resulted in employees being fired or screened out for employment. An EEOC press release about the lawsuits – the first enforcement action against employers under the revised Guidance for using criminal records – is available at http://www.eeoc.gov/eeoc/newsroom/release/6-11-13.cfm.

Now more than ever employers need to be aware of EEOC Guidance on how to properly use criminal records. Attorney Lester Rosen, Founder and CEO of background check firm Employment Screening Resources® (ESR), has written a new 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 [email protected].

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 https://www.esrcheck.com or call toll free 888.999.4474. For information about ‘The Safe Hiring Manual’ by Attorney Lester Rosen – which contains an entire chapter devoted to the new EEOC Guidance – visit https://www.esrcheck.com/SafeHiringManual.php.

Sources:

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

http://www.koamtv.com/story/22966932/ag-schmidt-ban-on-employee-background-checks-a-gross-federal-overreach

https://doj.mt.gov/2013/07/attorney-general-fox-joins-eight-other-states-in-letter-to-eeoc/

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

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 https://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 [email protected]. To subscribe to the ESR News Blog Feed, visit https://www.esrcheck.com/wordpress/feed/. To subscribe to the complimentary ESRcheck Report monthly newsletter, please visit https://www.esrcheck.com/Newsletter/.