In an article by Sean P. Ray, entitled “‘Arrested Developments’: An Update on Employer Use of Criminal Background Checks from the EEOC,” Ray discusses the updated guidelines provided by the EEOC, the Equal Employment Opportunity Commission. He notes that while the EEOC does not ban criminal background checks, its guidelines make background checks more convoluted tasks for an employer, especially when it comes to the problem of discrimination. He writes that despite the length of a 52-page guide to criminal background checks,
“employers do have the benefit of the agency’s suggested ‘best practices’ which include:
- Eliminating overbroad policies that exclude individuals from employment based on any criminal record;
- Tailoring policies for screening applicants to identify the requirements of the job and determine specific offenses that may demonstrate unfitness for such jobs;
- Limit inquiries to criminal records for which exclusions are job related and consistent with business necessity;
- Train managers and hiring professionals on the new tailored policies and Title VII discrimination.”
You can find the entire article here.