For years background checks have played a vital role in determining safety and security for all employees in a workplace. Now employers may have to indicate why they did not hire an applicant with a criminal record. April 2012 the Equal Employment Opportunity Commission (EEOC) issued a new Enforcement Guidance on criminal background checks. The Guidance states:
“Under Title VII of our civil rights laws, employers may not deny employment based on a conviction except when the offense is job related.”
The Guidance outlined three ‘Green factors’ for employers to base their hiring decisions of prospect employees with a criminal record on, these are:
- The nature or gravity of the offense or conduct.
- The time elapsed since the offense, conviction; and/or completion of the sentence.
- The nature of the job sought or held.
Follow these best practices to ensure your Company does not violate this new guidance:
- Eliminate policies or practices that exclude candidates from employment based on a criminal record.
- Train managers and hiring managers on Title VII and its prohibition on employment discrimination.
- Develop new tailored policies and procedures for screening applicants for criminal conduct.
- Determine the specific offenses that may demonstrate unfitness for performing such jobs.
- Determine the duration of exclusions for criminal conduct based on evidence.
- Document all policies, procedures and justifications for hiring or not hiring.
References: Gorey, Aoife (May 15, 2012) Would You Hire Someone With a Criminal Record? SHRM.org; What HR Professionals Need to Know About the EEOC’s New Guidance on Criminal Background Checks; Leslie E. Silverman; SHRM.org
