Whitepaper: Download Top 20 Due-Diligence Steps in the Background Investigation Process
Whitepaper: EEOC Guidelines on the Employment Application and Evaluating a Criminal Check
Download CEO Mario Pecoraro’s new whitepaper which discusses the topic EEOC Guidelines on the employment application and evaluating a criminal check.
Does your organization face the common challenge of trying to decide whether or not to hire someone based upon a prior criminal conviction discovered after running a criminal check? Remaining compliant with the Equal Employment Opportunity Commission (EEOC) Guidelines on background investigations and employment applications yet protecting your organization’s risk remains a critical part of every HR professional.
The EEOC Guidelines enforce federal laws that shield job applicants from discrimination in many areas including minorities with arrest and conviction records whose civil rights are violated. These individuals can sue under Title VII and it is critical for employers and human resource professionals to follow best practices and comply with EEOC Guidelines when it comes to a criminal check and the employment application.
Download this whitepaper now which will provide helpful links to state policies with regard to the employment application and provides a greater understanding of the origin of EEOC Guidelines on handling the results of a criminal check by summarizing the landmark 1975 case of Green v. Missouri Pacific Railroad. In addition, the legitimate interest in protecting the property, safety and welfare of individuals and the public is examined through the written testimony of an employer advocate for balance when dealing with a criminal check and criminal history records.
Minorities with arrest and conviction records whose civil rights are violated can sue under Title VII. It is important for employers and human resource professionals to follow best practices and comply with EEOC Guidelines. To be in compliance with the Equal Employment Opportunity Commission (EEOC), an employer must consider these eight factors when considering an applicant’s prior conviction(s):
- The state’s public policy to encourage the hiring of those who have been convicted of crimes
According to the Legal Action Center (LAC) website, a non-profit law and policy organization dedicated to fighting discrimination against people with criminal records, among other things:
- 14 states have legal standards governing public employers’ consideration of an applicant’s criminal record that require an individualized assessment of the applicant qualifications and ability to do the job.
- These include: Arizona, Colorado, Connecticut, Florida, Hawaii, Kansas, Kentucky, Louisiana, Minnesota, New Mexico, New York, Pennsylvania, Washington and Wisconsin.
- 5 of these states regulate private employers: Hawaii, Kansas, New York, Pennsylvania and Wisconsin
- To see an overview of the laws of all fourteen states on the LAC website, click here. (http://www.lac.org/toolkits/standards/Fourteen_State_Laws.pdf)
(See the rest of the article by downloading the whitepaper here!)