Criminal Background Check Eeoc

Background Analysis provides a wide variety of information services suitable to satisfy a large number of needs. From looking into the next door neighbor to researching yourself to determine if there may be anything to be concerned about. The background check databases are recognized front runners for public information, arrest assessments, phone and home address reports, social media details, and much more. The goal is to enable the public with the data they require to make fast & wise decisions.
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Criminal Background Check Eeoc

For example, while discrimination based on criminal history alone is not direct evidence of intentional disparate treatment” discrimination under Title VII, it can become a form of unlawful discrimination under a disparate impact” theory when an employer's screening policy or practice has the effect of disproportionately screening out applicants of certain races, national origins, or sexes, and the employer cannot demonstrate that the policy or practice is job related for the positions in question and consistent with business necessity.” Accordingly, the EEOC has taken the position that blanket prohibitions against hiring people with criminal records, such as hiring practices rejecting anyone with a prior conviction or arrest, generally violate Title VII. In the end, the EEOC's timely and necessary update to the guidance sent a strong and clear message about how and why criminal records checks run afoul of Title VII, and what employers can do to meet their business needs without discriminating against qualified job applicants. According to the EEOC's 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment, employers are not prohibited from conducting criminal background checks, but the use of criminal records may not discriminate against an employee or applicant. Concerned about the disproportionate impact that certain screening practices, particularly at the outset of the hiring process, have on the job prospects of individuals from low-income communities of color - mostly African Americans and Latinos - who are more likely to have been arrested, convicted and incarcerated, as well as curbing recidivism rates, the U.S. Equal Employment Opportunity Commission (EEOC) has issued formal guidance to employers, warning of the risks inherent in criminal background checks; and a growing number of state and local governments have adopted so-called ban the box” laws, which require employers to refrain from making criminal history inquiries until later in the hiring process.

According to EEOC guidance on criminal background checks, employers' use of individuals' criminal history in making employment decisions could be considered employment discrimination under Title VII of the Civil Rights Act of 1964. In April 2012, the Equal Employment Opportunity Commission (EEOC”) issued 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 guidance concerns how, in the EEOC's view, Title VII restricts an employer's discretion to consider criminal records for hiring decisions. In the past the EEOC has issued policy statements on when it is appropriate for employers to consider criminal records without running afoul of Title VII, but in April 2012 the agency published a 52-page enforcement guidance document: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.

Employers that have been frustrated with the EEOC's position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United States from enforcing the EEOC's Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” (the Guidance) against the State of Texas. In April 2012, the Equal Employment Opportunity Commission (EEOC”) issued updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.”1 The guidance concerns how, in the EEOC's view, Title VII restricts an employer's discretion to consider criminal records for hiring decisions. EEOC GUIDANCE ON CRIMINAL BACKGROUND CHECKS Janet Bubert Brackett & Ellis, P.C. 100 Main Street Fort Worth, Texas 76102 (817) 338-1700 jbubert@ I. EEOC Enforcement Guidance No. 915-002, Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964, April 25, 2012.
https://www.eeoc.gov/eeoc/publications/brochure-arrests_and_convictions.cfm
https://www.eeoc.gov/eeoc/newsroom/wysk/arrest_conviction_records.cfm

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