EEOC Continued Legal Action Over Hiring Should Alert HR Departments to Review Policies; Opines

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Recent settlement of a civil action against RTG Furniture Corp by the Equal Employment Opportunity Commission indicates on-going and aggressive legal activity by the EEOC against any corporation utilizing criminal history reports in alleged illegal and unlawful manner. (Equal Employment Opportunity Commission v. RTG Furniture Corp. of Georgia d/b/a Rooms to Go, Civil Action No. 5:16-cv-00663-BO) Adam Almeida, President and CEO of opines: “Actions brought by the EEOC often end up with large financial penalties for companies convicted of utilizing illegal and unlawful practices in pre-employment background screening; and greatly highlights an urgent need for hiring managers to work with a third-party pre-employment background screening agency in order to remain fully compliant with federal law.”

Criminal Background Checks at the County, State and National Levels.

Criminal Background Records

Anytime the EEOC brings an employer to court regarding potential violations of Title VII of the Civil Rights Act of 1964 hiring managers should take note.

The Equal Employment Opportunity Commission has remained aggressive in upholding anti-discrimination laws in the workplace and, recently, settled a civil case brought against RTG Furniture Corporation (Civil Action No. 5:16-cv-00663-BO) when the plaintiff agreed to work with the EEOC to correct screening practices. Adam Almeida, President and CEO of opines: “The EEOC has clearly signaled an on-going and aggressive nature in protecting against discriminatory policies in the workplace and, subsequently, should signify to all hiring managers the need to work with well-qualified third party pre-employment background screening agencies.”

Recent legal action by the EEOC highlights on-going activity in protecting against discrimination in the workplace.

From an EEOC Press Release (updated Oct 04, 18):

Employers that use criminal record-screening policies must continue to be vigilant about compliance with all applicable laws and should know that the EEOC's scrutiny of such policies, while perhaps scaled back, has not ended. To the contrary, the EEOC has demonstrated a continued interest in discouraging employers from directly or indirectly screening out job applicants who belong to protected classes under Title VII and tend to be arrested and convicted at disproportionately higher rates. (1)

Almeida adds: “Anytime the EEOC brings an employer to court regarding potential violations of Title VII of the Civil Rights Act of 1964 hiring managers should take note and immediately insure all pre-employment background screening policies are fully complaint with law. Failure to insure compliance could potentially lead to a costly legal action.”

On September 24, 2018 the EEOC announced a settlement in a civil case against RTG Furniture Corporation.

From the EEOC Press Release (Sep 24, 18):

The U.S. Equal Employment Opportunity Commission (EEOC) and Rooms To Go, a larger furniture retailer, have reached a voluntary conciliation agreement to resolve allegations of race discrimination raised by an unsuccessful black applicant whose offer of employment was rescinded as a result of Rooms To Go's background check policies, the federal agency announced today. The agreement reflects the company's implementation of revised policies and practices to ensure that its pre-employment screenings comply with Title VII of the Civil Rights Act of 1964, as amended (Title VII). (2)

Almeida concludes: “EEOC actions are a warning sign. A best practice remains for all hiring managers to work closely with a well-qualified third-party pre-employment background screening agency to remain compliant with all laws governing employment background screening.” is a third-party background screening agency with highly trained operators well versed in the needs and requirements of companies and organizations large and small utilizing public records, such as criminal background records, as part of a hiring process. Assisting companies in maintaining full compliance under the law is a central tenet of all client relationships with


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