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admin | Category: Check A Phone Number Location | 27.07.2014
The Equal Employment Opportunity Commission, according to recent news reports, is making a particular effort to restrict allegedly discriminatory use by employers of criminal background checks.
In April 2012, the EEOC issued a new Enforcement Guidance regarding such employer criminal background checks.
Some social science research also suggests that use of criminal background checks may actually lead to increased hiring of African-Americans. Although the EEOC does not ordinarily make investigations public until a case has been filed,  news stories about recent targets of EEOC investigation suggest that the agency is  setting a fairly high bar for “business necessity.” Such investigations include a probe into the use of checks at  a company that provides security services, and also an unnamed firearms retailer, although the employer believes that federal law requires him as a federal firearms licensee to conduct such checks.
Because African-Americans and Hispanics are more likely to be arrested or convicted of crimes than members of other racial and ethnic groups, the EEOC’s thinking goes, an employer policy that excludes job applicants based on past arrests or convictions will have a disparate impact on African-Americans and Hispanics and, if not job-related and justified by business necessity, may violate Title VII of the Civil Rights Act of 1964.


Substantively, critics noted that the new policy does not do enough to make clear in what circumstances an employer may use a background check; it notably contains no “safe harbors” and may chill some lawful use of checks.
Employers barred from checking criminal histories may be inclined to wrongfully use race as a proxy for criminal history. The Guidance was also criticized for claiming to pre-empt state laws requiring some types of employers to conduct criminal background checks, placing firms in  “a damned if you check, damned if you don’t” bind. Because the Guidance may encourage employers to change their hiring procedures to benefit one racial group, it may also violate the Equal Protection Clause of the Fourteenth Amendment.
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