In Light of New Employment Screening Guidelines CriminalBackgroundRecords.com is Introducing New Rejectionable Offense List for its Clients

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Criminal Background Records

Creating a list of rejectionable offenses is a wise decision for employers and keeps them consistent in their employment screening practices thereby drastically limiting the opportunity or appearance of discrimination.

Waltham, MA (PRWEB) June 11, 2012

On April 25, 2012 the United States Equal Employment Opportunity Commission released new guidelines pertaining to the use of criminal history reports as a part of pre-employment assessment. Labeled "Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964" these guidelines directly impact the manner in which companies and organizations conduct background screening.

From the EEOC guidelines:

"This Enforcement Guidance is issued as part of the Commission’s efforts to eliminate unlawful discrimination in employment screening, for hiring or retention, by entities covered by Title VII, including private employers as well as federal, state, and local governments."
The use of criminal history as a part of the background screening process is extensive and has been cited as a critical tool in the prevention of workplace violence:

From the EEOC guidelines:

"In one survey, a total of 92% of responding employers stated that they subjected all or some of their job candidates to criminal background checks. Employers have reported that their use of criminal history information is related to ongoing efforts to combat theft and fraud, as well as heightened concerns about workplace violence and potential liability for negligent hiring. Employers also cite federal laws as well as state and local laws as reasons for using criminal background checks."

HR Departments and decision makers need to be extremely careful when utilizing criminal history as a part of the hiring. Criminal history interpretation is subjective and open to conjecture. A lack of understanding as to the depth and impact of an incorrect decision can be substantive. Understanding the reportability of an arrest versus a conviction is important as well.

The EEOC guidelines offer best practices companies may want to adapt. These include:
General

•     Eliminate policies or practices that exclude people from employment based on any criminal record.
•     Train managers, hiring officials, and decisionmakers about Title VII and its prohibition on employment discrimination.

•     Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct.
•     Identify essential job requirements and the actual circumstances under which the jobs are performed.
•     Determine the specific offenses that may demonstrate unfitness for performing such jobs.
•     Identify the criminal offenses based on all available evidence.
•     Determine the duration of exclusions for criminal conduct based on all available evidence.
•     Include an individualized assessment.
•     Record the justification for the policy and procedures.
•     Note and keep a record of consultations and research considered in crafting the policy and procedures.
•     Train managers, hiring officials, and decisionmakers on how to implement the policy and procedures consistent with Title VII.

•     When asking questions about criminal records, limit inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity.

•     Keep information about applicants’ and employees’ criminal records confidential. Only use it for the purpose for which it was intended.

Another valuable addition to best practices outlined above would be the inclusion of a rejectionable offense list. This list outlines various illegal acts an individual may be convicted. The inclusion of such a list within a Corporate Hiring Best Practices would allow hiring managers and decisionmakers a clear guideline to what items within a criminal records report would automatically reject a candidate from employment within that company or organization.

CriminalBackgroundRecords.com is a full service background screening company utilizing the most current and state-of-the-art databases, as well as field researchers in order to provide the quickest, most current information available to Human Resources Departments. Setting up an account is quick and easy, and fully secure. To get started today contact bd(at)CriminalBackgroundRecords.com.

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