CriminalBackgroundRecords.com Comments; EEOC Will Continue Aggressive Legal Action to Enforce Legal Hiring Practices Which Could Greatly Affect Screening Policies

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Adam Almeida, President and CEO of CriminalBackgroundRecords.com comments on recent legal actions undertaken by the Equal Employment Opportunity Commission: "Based on the recent and continued aggressive nature of the EEOC’s legal actions, it is increasingly critical that employers engage the services of a third-party background screening company to remain legally compliant and avoid costly legal fees and potential settlements." Recent actions by the EEOC indicate a continued aggressive pursuit of legal action as a tool to enforce fair hiring practices in pre-employment background screening and subsequent hiring policies will be substantively affected. (1)

Criminal Background Records

Criminal Background Records

As the EEOC continues litigious activities the need for employers to immediately engage a third-party background screening company to remain fully compliant with all laws and regulations governing pre-employment screening is paramount.

Recent legal action by the EEOC illustrates its aggressive approach toward the enforcement of laws and legislation governing the fair and proper use of public records utilized in pre-employment background screening and this behavior will continue in 2016. Adam Almeida, President and CEO of CriminalBackgroundRecords.com comments: "Early in year is a crucial time for employers to ensure pre-employment screening policies are in place and fully compliant. CriminalBackgroundRecords.com now offers expanded capabilies in assisting companies with creating and/or maintaining fully complaint background screening policies that will assist in avoiding the potential of costly litigation."

In 2015 a variety of laws affected pre-employment background screening in a variety of ways. In many states the Ban-the-Box movement gained greater foothold and momentum. This policy fundamentally changes when and where a criminal background record can be discovered and discussed. Further, specific compliancy issues were stringently enforced. The lawful manner in which companies notified candidates of critical disclosure rights remained under a bright spotlight.

From mondaq.com (Jan. 04, 16):

In 2015, we saw a wave of FCRA lawsuits concerning employer failure to provide disclosures and obtain authorization from an applicant/employee before procuring a "consumer report" from a consumer reporting agency, PEO or other outside vendor. Simultaneously, an increasing number of states and municipalities, most recently Oregon, New York City and Chicago, have enacted "Ban the Box" legislation prohibiting employers from even inquiring about an applicant's criminal history until a conditional offer is extended... (2)

Almeida comments: “The EEOC has not always been successful in its legal pursuits but failure has not dissuaded them from continuing action.”

From natlawreview.com (Jan. 04, 16):

Despite some notable setbacks, such as the Fourth Circuit’s affirmance of summary judgment against the EEOC and scathing rebuke of its litigation conduct in EEOC v. Freeman(Case No.: RWT 09cv2573), the EEOC has continued to pursue cases involving background checks in furtherance of its stated priority of eliminating barriers in hiring. (3)

Almeida comments: "The EEOC appears determined to redouble their efforts regarding the enforcement of laws governing background screening as well as the fair and lawful use of public records used in criminal background checks."

Ultimately it is an expensive proposition to go to court regarding an EEOC complaint.

In an article authored by Daniel K. Burnick and posted to Lexology.com (Jan. 06, 16) highlights the continuance of EEOC litigation as well as potential cost:

Unfortunately for Employers, fighting the EEOC is very expensive and time consuming. I anticipate the EEOC will continue to pursue these types of claims in 2016. I believe that the EEOC will continue to expand individual charges/complaints into systemic investigations, liberally using subpoena enforcement actions to obtain records from employers. (4)

Almeida states: "As the EEOC continues litigious activities the need for employers to immediately engage a third-party background screening company to remain fully compliant with all laws and regulations governing pre-employment screening is paramount. The cost of not complying with the EEOC can be high and CriminalBackgroundRecords.com has expanded capabilities available to assist employers in maintaining compliance with the EEOC."

CriminalBackgroundRecords.com is a third-party employment screening company. With an experienced staff and the ability to stay current with laws and regulations governing background screening, working with CriminalBackgroundRecords.com is a smart move for companies large and small.

Notes:
(1)    mondaq.com/unitedstates/x/455430/employee+rights+labour+relations/16+Labor+Employment+Resolutions+For+2016
(2)    ibid
(3)    natlawreview.com/article/happy-new-year-looking-back-and-looking-ahead-eeoc-s-strategic-plan EEOC v Freeman, US DISTRICT COURT , MARYLAND, Case No.: RWT 09cv2573
(4)    lexology.com/library/detail.aspx?g=8cf6069b-d158-48bc-be46-80706ca378af

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