Please select a service to learn more:

Identity and Credit

Driver's Records

Criminal Records

References/Credentialing

Substance Abuse/Physicals

Global Solutions

Applicant Tracking

Solutions by Industry

Personal Background Checks

0

The U.S. Chamber of Commerce has asked the Office of Management and Budget (OMB) to instruct the Equal Employment Opportunity Commission (EEOC) to allow for public comment prior to releasing new guidelines on the the use of employment criminal background checks and credit reports.

As we’ve previously written, the EEOC believes that these background checks have a disparate impact on minorities and are bent on creating rules that will limit the ability of employers to access and use such information.  Ordinarily, agencies allow for public comments so that they can take into account all sides of the equation.  In this case, has refused such requests on numerous occasions.

It appears that they are hiding under the veil that they are considering “guidelines” not “laws”, even though they know very well that their guidance will serve as a de facto law.  In my opinion, they are bypassing public comment because they know that the public response will not be favorable not only from the business community, but also from consumer, volunteer and other charitable organizations.

Chamber Urges OMB to Require EEOC To Open Process on Background Checks

The U.S. Chamber of Commerce is urging the Obama administration to compel the Equal Employment Opportunity Commission to allow public input as the agency ponders issuing new enforcement guidance regarding employers’ use of criminal background and credit checks.

In an April 2 letter to Office of Management and Budget official Cass Sunstein, the chamber said EEOC’s potential guidances on both topics warrant OMB’s review for procedural and substantive reasons.

“By all accounts the EEOC is now preparing to approve these significant guidance documents without making them available for public comments and without seeking review by [OMB],” the chamber told Sunstein, head of OMB’s Office of Information and Regulatory Affairs.

The chamber said that although EEOC has held public meetings “on the very broad topics” of employers’ use of background checks and individual commissioners have met with agency stakeholders to hear their concerns, EEOC “has not shared its draft guidance for the opportunity to provide comment.”

“[A]t this stage, members of the public can only guess as to the direction that the guidance will take,” the chamber said. “This is contrary to the strong public policy favoring pre-adoption notice and comment on guidance documents.”

The chamber urged OMB to ensure that EEOC does not finalize guidance until it has been properly reviewed by OMB and made available for public notice and comment.

More

Leave a Reply

All information contained on this website is provided by employeescreenIQ solely for the convenience of the site viewers. employeescreenIQ is not providing legal advice or counsel and nothing provided on this website or otherwise by employeescreenIQ should be deemed as legal guidance or advice. Users are solely responsible for complying with all local, state, and federal laws relating to the use of any information provided on this website and any information products provided by employeescreenIQ. Users should consult with their own legal counsel if they have questions regarding their legal responsibilities or any information provided by employeescreenIQ.