The EEOC’s Criminal Background Screening Guidance 3 Years Later: 5 Lessons Employers Need to Know
October 5, 2015
By definition, guidance is supposed to help resolve a problem. Yet, for employers, the U.S. Equal Employment Opportunity Commission’s (EEOC) 2012 update to its criminal background screening guidance has instead created a problem: uncertainty about how to conduct criminal background checks without significant legal risk.
Fortunately, the past three years—especially the EEOC’s efforts to enforce its guidance during that time—have revealed five lessons that can boost your confidence in the compliance of your criminal background screening practices:
Download our article, “The EEOC’s Criminal Background Screening Guidance 3 Years Later: 5 Lessons Employers Need to Know” to learn more about these five lessons:
- Do not practice blanket exclusions of candidates with criminal records.
- There are no “safe harbors” for state law conflicts.
- Individualized assessments are de facto requirements.
- Banning the box is recommended for avoiding EEOC scrutiny.
- If a claim is filed against you by the EEOC, anticipate a systemic investigation of your criminal background screening practices.
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