Federal regulators with the Equal Employment Opportunity Commission (EEOC) approved new Employer Guidelines that could make it easier for individuals with a criminal past to find work. By a 4-1 vote, the EEOC enacted new guidelines for employers who use criminal background checks, calling for careful consideration of how and when such reviews can be used in pre-employment screening. The new guidelines are meant to help eliminate any potential bias against certain ethnic groups.
The document calls on employers to use criminal background checks only when they can show they are job-related and necessary for the business. Employers should consider the nature of the crime, the elapsed time and the nature of the job. The guidelines also state that arrests are not proof of criminal conduct and may not be sufficient to exclude a candidate.
The new guidance focuses on; criminal record screening and employment discrimination based on race and national origin, discusses differences between the treatment of arrest and conviction records, and reviews contrasting treatment based on those reviews. Employer advocates were pleased that the EEOC did not entirely ban the use of criminal background checks.
Look for more posts on the subject as the industry responds to these changes.
Here is a link to a story on the topic:
NELP Applauds EEOC for Updating Guidance on how Employers Use Criminal Background Checks in Hiring
Here is a link to the EEOC website