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Since 9/11 the number of background checks performed on job applicants and employees has ballooned, for reasons ranging from heightened security concerns to legal mandates to conduct background checks. Coinciding with this, the amount of digital information available about individuals has increased many times over, and the Internet has given us easier access to it…. Read more »
EEOC policy and the various Ban the Box statutes around the country share the common characteristic of requiring employers to adopt background screening procedures that are sensitive to individual-level circumstances. For example, the EEOC Guidance, which is important because Federal law pre-empts state and local statutes regarding discrimination, recommends using a so called, individualized assessment… Read more »
If you have been following our posts about disparate impact, you are familiar with the fact that the EEOC has stepped up efforts to enforce rules around employment discrimination based on it. Disparate impact may occur when a company’s employment policies have disproportionate “adverse impact” on members of a protected class under Title VII of… Read more »
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 »
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 »
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 »
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 »
In case you haven’t heard, the EEOC on Wednesday held a public meeting to discuss its issuance of new guidance stated to further the Commission’s efforts to “eliminate unlawful discrimination in employment screening, for hiring or retention, by entities covered by Title VII…” The updated Enforcement Guidance on the Consideration of Arrest and Conviction Records… Read more »
In what is certain to generate much debate, discussion, and impact, today’s EEOC public meeting will discuss “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964.” This meeting is a follow up to a previous meeting in July in which discussions… Read more »
Carrie B. Rosen, member of the labor and employment practice group at Cozen O’Connor and contributor to InsideCounsel.com wrote a two-part series highlighting current hot topics in pre-employment screening. Besides the fact that we feel pretty amazing to be part of an industry that has just been mentioned alongside the word “hot,” we also found… Read more »
