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The U.S. Equal Employment Opportunity Commission updated their EEOC Enforcement
Guidance April 25, 2012. The last update was issued over twenty years ago and the
guidance enforcement policies covered in this new update supersede all previously
published enforcement guidance.
The purpose of the updated guidance is to reduce the disparate impact experienced
by certain minority groups based on the use of criminal records for employment purposes.
The report is based on previous guidance rules and existing court rulings. The report
makes clear the responsibility for compliance is on the employer.
We encourage all employers to read the full EEOC Enforcement Guidance Report. You
can find a copy of the full report on the Resources page on the Integrated Screening
Partners’ website at .
www.integratedscreening.com/resources.asp
Based upon the updated EEOC Enforcement Guidance Report, here are some important
summary points for your organization to consider when evaluating your hiring policies
and background-screening program:
- A race or gender-neutral policy can still create a disparate impact on minorities.
- A diverse workforce is not sufficient evidence to disprove disparate impact of a
policy.
- Early request for criminal history is discouraged during the application or hiring
process.
- Use of criminal records for disqualification needs to be job related or a business
necessity.
- Consider the nature and gravity of offense or conduct, not just the disposition
when making policy and employment decisions.
- Consider the time that has elapsed since the conduct, offense, or completion of
sentence when making policy and employment decisions.
- Consider the nature of the job in relation to the record when making policy and
employment decisions.
- Individual Assessment of criminal records is strongly encouraged with documentation
of review
- Create justification for criminal records use policy and document the process.
- Implement the Best Practice recommendations.
Please contact ISP for assistance in implementing reports that meet your specific
policy requirements.
ISP is not legal counsel and does not provide legal advice. ISP advises clients
to work with their legal counsel to ensure overall screening program compliance.
The use of consumer reports provided by ISP must be used in compliance with applicable
state and federal laws.
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