Posts Tagged: criminal records

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 »

The Employer’s Dilemma: Job Applicants with Criminal Records [Infographic]

According to National Employment Law Project (NELP), more than 1 in 4 U.S. adults have a criminal record. As an employer, this means you have a very high chance of encountering applicants and employees whose past you may need to consider in making an employment-related decision. The dilemma is significant: On one hand, the EEOC… Read more »

Is Background Screening Stuck Between a Rock and a Hard Place?

Employers are sometimes forced to walk a narrow line between treating applicants with criminal backgrounds fairly and minimizing hiring risks. The problem is that the employers will be held accountable if something goes wrong on either side of this path. They can be sued for negligent hiring if an employee goes berserk, and they can… Read more »

Court Rules Against EEOC in ‘Disparate Impact’ Case

In a stunning setback to the credibility of the EEOC’s enforcement of employers’ use of credit and criminal records, on August 9th, Judge Roger Titus of the U.S. District Court for Maryland dismissed the nationwide pattern or practice lawsuit brought by the EEOC against Freeman, Inc. The EEOC had alleged the corporate events service provider unlawfully… Read more »

The Takeaway for Employers from JB Hunt’s EEOC Settlement

The recent EEOC filing of race discrimination for employment practices against JB Hunt Transport, Inc., one of the largest freight companies in America, is clearly bad news for JB Hunt and those impacted by what may have been discriminatory practices. But its settlement of these charges in late June may provide a worthwhile blueprint for… Read more »

What You Need to Know about the FTC’s Latest Settlement of FCRA Charges

A company that compiled and sold criminal record reports has entered into a settlement agreement with the Federal Trade Commission as a result of charges that it operated as a consumer reporting agency without taking consumer protection measures required by the Fair Credit Reporting Act (FCRA). The FTC’s agreement containing consent order is the first… Read more »

One in Four Adults Would “Fail” a Criminal Record Check: A Lesson for Employers

One in four adults in the United States has a criminal record.  That’s a pretty startling statistic when you think about your latest applicant pool. Chances are high that you are interacting with quite a few applicants, candidates, and even employees with some type of criminal background. For some organizations, this news is startling enough… Read more »

Here’s News that Job Seekers with Criminal Records Can Feel Good About

A current survey shows applicants with a criminal record are getting some breaks in employment.  This survey concurs with the most recent EEOC guidelines and also supports Proforma’s approach to the appropriate use of criminal records in the employment screening process. Every year 560,000 people are released from prison into the parole system. The good… Read more »

NCLC Report Says Errors by Criminal Background Check Providers Harm Workers and Businesses

When things go wrong in the workplace – whether violence, theft, accidents, or worse – the conversation inevitably turns to what could have been done to prevent it and what more we should have known about the people involved. This is one reason why background checks are utilized by more than 90% of corporate America… Read more »