Posts Tagged: EEOC

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 »

The Why, What, and When of Individualized Assessments

About one year ago, on April 25, 2012, the EEOC issued revised enforcement guidelines on the use of criminal records in hiring decisions in compliance with Title VII of the 1964 Civil Rights Act. The big deal in the revisions was the recommended use of individualized assessments (IA) in hiring situations where a criminal record… Read more »

Target Corporation Subject of EEOC Complaints Regarding Use of Criminal Background Checks

The Star Tribune reported last week on recent complaints to the EEOC alleging Target Corporation discriminates against applicants with criminal records. The NAACP and TakeAction Minnesota accused Target of unfair hiring practices in 10 formal complaints filed last Wednesday with the U.S. Equal Employment Opportunity Commission (EEOC). The two groups are accusing Target of denying… Read more »

Despite Rumors, Employment Credit Reports Still Not Prohibited by Federal Law

Earlier this week, a U.S. District Court in Ohio granted summary judgment to Kaplan Higher Learning Edu. Corp., et al, in a case that underscores the difficulty the EEOC faces in proving a case against employers for the discriminatory use of credit reports in the hiring process.  The EEOC filed suit against Kaplan alleging that… Read more »

3 Good Reasons to Revisit Your Employment Screening Practices

There are some very compelling reasons to take a fresh look at your employment screening programs as recent developments in the regulatory environment combine to increase the risks associated with improper hiring practices. Here are three significant trends: 1. Increased Enforcement of Criminal Records Screening Practices The EEOC’s updated guidance on the use of criminal… 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 »

Employment Background Checks and Recidivism: Is there a connection?

According to the Department of Justice, “Recidivism is measured by criminal acts that resulted in the re-arrest, re-conviction, or return to prison with or without a new sentence during a three-year period following the prisoner’s release.” The U.S. Department of Justice estimates that two-thirds of ex-offenders will be rearrested for new crimes within three years… Read more »

[SLIDESHOW] The Triple Threat to Your Employment Background Screening Program

Does your background screening program hold up against the threats of regulation, legislation, and litigation? We recently presented a two-part series on the “triple threat” of EEOC and FTC regulation, state and federal legislation, and private party litigation in the context of corporate employment background screening programs. A slideshow combining both parts of the series… Read more »