The EEOC’s Criminal Background Screening Guidance 3 Years Later: 5 Lessons Employers Need to Know

Alex Krokos

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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.
Alex Krokos
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Alex Krokos

Marketing Specialist at EmployeeScreenIQ
Alex has a strong track record of success in content development, graphic design, social media management and relationship building for more than five years. She began her career as a freelance graphic designer and marketing consultant, where she lead projects from conception to completion for organizations in multiple B2B and B2C verticals and helped integrate and launch emerging marketing into small businesses. She has also worked as an account executive for a Cleveland-based public relations firm.
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