EEOC Puts New Limits on Criminal Background Checks

The Equal Employment Opportunity Commission (EEOC) has recently clarified its regulations regarding how employers use criminal background checks when making the decision whether or not to hire an individual. The EEOC’s decision to clarify those regulations apparently came about as a result of the organization’s long standing concern that criminal history and race are too often associated when employers make hiring decisions. While the EEOC issued a clarification, not a game-changing reinterpretation, it is important for employers and employees to understand these regulations.
Criminal History Should Not Affect Employment
In broad strokes, the EEOC suggests that criminal history should not be a factor in a hiring decision. However, the organization recognized that, in some cases, criminal history is a required factor of consideration in some segments of the American workplace. As such, the Equal Employment Opportunity Commission has set up a series of best practices designed to prevent or alleviate how an individual’s criminal history may affect a hiring decision.
Background Checks are Not Forbidden
According to Title VII, criminal background checks are not forbidden. In fact, it would be legally impossible to eliminate criminal history as a consideration for hiring in every job in the US economy. For instance, sex offenders must be legally screened from working as teachers in public schools, Banks might require that fraud and larceny not be a part of an employee’s recent past.
Criminal History as a Factor in the Hiring Decision
However, the EEOC’s intent in this clarification appears to be a desire to minimize the importance of criminal history in hiring decisions. But what was the driving factor behind this clarification policy, and how does it relate to Title VII, which says nothing about discriminating against employees on the basis of criminal record? The driving force, according to the Equal Employment Opportunity Commission, was race.
Criminal History and Race Discrimination
Title VII regulations’ prohibition against race discrimination may be, according to the EEOC, inexorably linked. The organization posits that criminal history may be used as a protective shield by companies so that they might discriminate racially, especially against African American and Hispanic individuals. If a company amplifies the negative impact of an individual’s criminal background as a smokescreen for racial discrimination, then Title VII regulations have been violated.
If you feel you were turned down for a job due to racial discrimination and inappropriate factoring of your criminal background, you need to speak to a lawyer. Call the law offices of Valli, Kane & Vagnini to find out how we can help.