Posts Tagged: individualized assessments

Status Report: “Ban the Box” and the Challenge for Employers

Despite how some may make it sound, spreading Ban the Box laws do not prohibit employers from using criminal background checks. Instead, the laws are designed to keep the question, “Have you been convicted of a crime?” off job applications to give applicants with a criminal history a greater chance of getting through an employer’s… Read more »

Words to the Wise about Social Media Background Checks for Employment

The treasure trove of personal information that has collected on social media is irresistible. We know that both employers and employees are scanning the publicly accessible areas of Facebook and other sources to find the unvarnished side of their potential co-workers. This information comes with a downside. Employers beware. In an earlier piece on social… 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 »

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 »

5 HR Resolutions for 2014

The overall goal of every HR manager and recruiter is to hire and retain the very best people who will make strong contributions to the organization’s success. But doing this means navigating the FCRA EEOC FTC ADA CFPB alphabet soup of regulations and regulatory agencies without losing sight of who those best people are.  … 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 »

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 »

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 »

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 »