In Light of Recent Court Case Brought by the EEOC Against Dollar General and BMW CriminalBackgroundRecords.com Highly Recommends a Thorough Review of Background Screening
Waltham, MA (PRWEB) July 17, 2013 -- Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: "In light of these recent lawsuits now, more than ever, is the time to review all screening practices, especially with the use of criminal histories."
The Equal Employment Opportunity Commission has begun to enforce updated guidelines designed to define the acceptable usage of arrest and criminal history records as part of pre-employment background screening.
The following comes from the EEOC press release dated June 11, 2013:
The EEOC's Charlotte district office filed suit in U.S. District Court of South Carolina, Spartanburg Division against BMW Manufacturing Co., LLC, (Commission v. BMW Manufacturing Co, U.S. District Court for the District of South Carolina, Spartanburg Division, No. 13-01583.) and a separate suit was filed in Chicago against Dolgencorp, (Equal Employment Opportunity Commission v. Dolgencorp LLC, 13-cv-04307, U.S. District Court, Northern District of Illinois), doing business as Dollar General.
http://www.eeoc.gov/eeoc/newsroom/release/6-11-13.cfm
These lawsuits claim that BMW and Dollar General violated Title VII of the Civil Rights Act of 1964 which "prohibits discrimination against job applicants and employees on account of their race." http://www.eeoc.gov/eeoc/newsroom/release/6-11-13.cfm
Regardless of the outcome of each case, these lawsuits highlight the aggressiveness of the EEOC in regards to enforcement. Critical to process is how one interprets the guideline.
On June 22, 2013 FoxNews.com reported:
The guideline, though not legally binding, direct employers to consider the crime, its relation to an applicant's potential job and how much time has passed since the conviction. Employers should review each case individually and allow applicants to show why they should be hired despite a conviction, the guidelines state. http://www.foxnews.com/politics/2013/06/22/obama-administration-files-suits-against-businesses-using-criminal-background/
Based on EEOC actions, employers are watching these cases very closely.
“The only real impact … will be to scare business owners from ever conducting criminal background checks,” said Commissioner Constance Barker..." . http://www.foxnews.com/politics/2013/06/22/obama-administration-files-suits-against-businesses-using-criminal-background/
Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: "With lawsuits such as those brought against BMW and Dollar General are going to bring a great deal of attention to hiring practices of businesses large and small. Now is definitely the time to work with a third-party background screening company to ensure that hiring practices and the use of background screening are compliant within State and Federal laws, as well as with EEOC Guideline."
The use of criminal histories will remain controversial for the foreseeable future and the actions of the EEOC demand critical attention.
For employers, these developments underscore the importance of continuing to monitor closely case developments involving consideration of criminal records in the hiring process in order to assess opportunities to fortify their Title VII compliance. It is also prudent for employers, especially large and nationwide employers, to be mindful of the EEOC's construction of Title VII and the raft of questions and strategic considerations concerning the EEOC's recommended best practices regarding criminal background checks. http://www.lexology.com/library/detail.aspx?g=a0bd5bc4-0a20-4fb5-bc4f-5d458d1c404c
In moving forward Almeida suggests, "While the large, nationwide and global companies will get the primary focus of the EEOC, court actions and their resolutions will trickle down to mid-size and smaller employers. Constant attention to complex legal issues can be difficult to maintain. Working with a background screening company is highly recommended to staying in front of compliance issues."
CriminalBackgroundRecords.com is a third-party background screening company and continues to monitor the actions of the courts and the EEOC. Highly trained in the legal complexities of background screening and the use of criminal history records, CriminalBackgroundRecords.com can provide assistance with maintaining and updating background screening policies.
Dan Adams, Criminal Background Records, http://www.criminalbackgroundrecords.com, +1 (877) 811-6557, [email protected]
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