Posts Tagged: EEOC guidance

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 »

EEOC Sues for “Disparate Impact” Discrimination in Companies’ Use of Criminal Background Checks

In what may amount to test cases based on its revised guidelines for the use of criminal background checks in hiring, the EEOC has filed discrimination lawsuits against BMW and Dollar General for employment practices.  Employers who have not modified background screening and HR policies to reflect these revised guidelines are wise to pay attention…. Read more »

A Dollar for Your Thoughts on Criminal Background Checks

The Equal Employment Opportunity Commission (EEOC) continues to make headlines with its efforts to create and enforce updated standards on employers’ use of criminal background checks.  Armed with its updated guidance, which we highlighted earlier this year, the EEOC fired a recent warning shot at Dollar General Corporation. According to a Nashville Business Journal headline,… Read more »

What Happens When an Employee Commits Another Crime?

Whether a government entity or a private employer, learning that one of your employees has been arrested for a serious crime is not news you want to hear.  Especially when you discover it wasn’t the employee’s first offense. In late August officials of the City of New Bedford, Massachusetts found themselves in a precarious public… Read more »

Key Takeaways from the New EEOC Guidance on Employment Criminal Records

On April 25, 2012 the EEOC issued its much-anticipated updated enforcement guidelines on employers’ use of criminal records (arrest and conviction records) in the employment screening process. Since then we’ve received many phone calls and emails asking questions about what this all means. The guidance specifically relates to Title VII of the Civil Rights Act… Read more »