Maintaining proper vigilance with hiring legalities
With regard specifically to criminal records, the Equal Employment Opportunity Commission (EEOC) issued updated guidance explicitly relating to the use of arrest and conviction records in employment decisions.
In its Guidance, the EEOC indicates that employers should develop targeted screening when utilizing criminal records in employment decisions. This targeted screening must, at the very least, consider the following “Green” factors (Green v. Missouri Pacific Railroad, 523 F. 2d 1290 (8th Cir. 1975)):
The Guidance also indicates that targeted screening must be based on a written policy, which according to best practices outlined in the Guidance, must include the following:
If an adverse decision results from the evaluation of the targeted screening policy document, the consumer must be informed prior to making the adverse decision and the employer must offer an “individualized assessment” before the final adverse decision is made. This “individualized assessment”, according to the Guidance document, must be comprised of the following factors:
The EEOC offers the following best practices through the Guidance:
For more information, visit the EEOC's FAQ page.
A proposed bill in Colorado aims to treat users of marijuana the same as users of any other legal substance when it comes to random drug screening. Read our post for more information.
The Maryland General Assembly overrode a governor’s veto to pass the states’ ‘ban the box’ law affecting employers with 15 employees or more. Read our blog post for more information.