Background Checks | The Labor & Employment Report

EEOC’s Own Use of Criminal Background Checks

By Elizabeth Torphy-Donzella on August 24th, 2012 Posted in Background Checks, Litigation

The EEOC is suing Freeman, an events marketing company, challenging the legitimacy of the company’s use of criminal background checks in hiring. Although the company’s screening process applies to all applicants, the EEOC claims the criminal checks have a discriminatory impact on Hispanic, Black and male applicants. Freeman defends them as job related and consistent… Continue Reading

EEOC’s Updated Guidance on Arrests and Convictions

By Bruce S. Harrison on May 4th, 2012 Posted in Background Checks, Employment Discrimination, Laws & Regulations

Last week, the EEOC issued an “updated” Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII . The guidance takes the place of the Commission’s 1987 and 1990 policy statements, and was precipitated by a 2007 federal court decision that criticized the EEOC’s past guidance. While the Commission uses… Continue Reading

EEOC Criminal Background Checks

By Teresa D. Teare on April 9th, 2012 Posted in Background Checks, Employment Discrimination

The EEOC recently issued another information discussion letter regarding pre-employment criminal background checks. Many employers conduct criminal background checks, and the EEOC has long-held that such screenings do not violate Title VII per se because Title VII does not regulate inquiries by employers. The discussion letter, however, reminds employers that the use of criminal records by an employer… Continue Reading