It's time to update your procedure for criminal background checks
If you perform criminal background checks on potential employees, know that last spring the Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on how you can use those records when making employment decisions. While the guidance doesn't prohibit the background checks outright, it does suggest that if implemented improperly or inconsistently, they may violate Title VII of the 1964 Civil Rights Act. Here are a few tips for making sure that your organization doesn't run afoul of the regulations:
Update Your Policies and Procedures
Begin by reviewing and revising your written policies involving criminal background checks. If you don't have a written policy, now is the time to create one.
Conduct an Individualized Assessment
The EEOC requires that employers offer everyone with a criminal record in conflict with job requirements the opportunity to explain the circumstances surrounding the crime and their fitness for employment. Among the areas an assessment might explore:
Keep information about the interview and criminal records confidential and limited to management individuals who have a need to know.
To read the complete EEOC guidance, visit:
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