Posts Tagged: Criminal Background Checks

Public Policy to Employer: Hire More Ex-Offenders

hiring

Make no mistake about it: employment law aims to get employers to hire ex-offenders. At the Federal level, the Equal Employment Opportunity Commission (EEOC) and the Fair Credit Reporting Act (FCRA) combine for a one-two punch that targets the outcomes of hiring as well as the hiring process itself.

How to Use Arrest and Conviction Records When Hiring Employees

“Innocent until proven guilty” is the cornerstone of our criminal justice system. Our courts have spent a lot of time defining what constitutes proof, but the basic point is clear. The same principle applies to the difference between arrest records and convictions as applied to employment decisions under EEOC guidance: “The fact that an individual… Read more »

Avoiding the Perils of Social Media Employment “Checks”

A few months ago, Facebook announced that it had 128 million daily unique users in the United States. That’s over 1/3 of the population who viewed, updated, and shared personal bits of information with a network of “friends”, each of whom has his or her own network. Inevitably, a lot of the people on Facebook—and… Read more »

Getting County and Local Criminal Background Searches Right

Most employers today use background screening to help make good decisions in hiring or other employment issues, and criminal background is one of the most important factors to consider. Getting this information—and getting it right—is a lot more challenging than you might think. The U.S. has thousands of distinct and sometimes overlapping jurisdictions where arrests… Read more »

A How-To for Individualized Assessments

As you may already be aware, the EEOC is advising employers to use individualized assessments in cases where criminal history might be used to exclude a job applicant. The aim of the EEOC is to induce employers to look more at individual factors that might mitigate the impact of a conviction to avoid discrimination, and… Read more »