EEOC Guidance Updates

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 .

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:

  1. A race or gender-neutral policy can still create a disparate impact on minorities.
  2. A diverse workforce is not sufficient evidence to disprove disparate impact of a policy.
  3. Early request for criminal history is discouraged during the application or hiring process.
  4. Use of criminal records for disqualification needs to be job related or a business necessity.
  5. Consider the nature and gravity of offense or conduct, not just the disposition when making policy and employment decisions.
  6. Consider the time that has elapsed since the conduct, offense, or completion of sentence when making policy and employment decisions.
  7. Consider the nature of the job in relation to the record when making policy and employment decisions.
  8. Individual Assessment of criminal records is strongly encouraged with documentation of review
  9. Create justification for criminal records use policy and document the process.
  10. 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.

About Integrated Screening Partners
For employers dedicated to identifying higher quality employees, Integrated Screening Partners (ISP) has become the preferred source. We understand the importance of investing in human capital and our goal is to provide the essential information you require to make the right hiring decisions in the shortest amount of time possible. Our global client list includes Fortune 100, small and midsize companies as well as education institutions and trade associations.

We can provide the service you didn't even know you were missing. To learn more, contact us for our best practices report, ?Baseline Legacy Solutions ? What You Are Missing From Your Current Provider? and a customized report to help you recruit, hire and retain the quality employees you need to succeed.

Disclaimer:The contents of this eNewsletter have been prepared for educational and informational purposes only. The content does not provide legal advice or legal opinions of any specific matters.  Transmission of this information is not intended to create, and receipt does not constitute, a lawyer-client relationship.  You should not act or refrain from action on any legal matter based on the content without seeking professional counsel.  You should contact your lawyer immediately regarding any and all HR matters.

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