EEOC does not have to disclose background check policies, says federal court

it brought against Dollar General and BMW Manufacturing late last year, the EEOC argued that the companies’ hiring practices screened out minority candidates disproportionately, violating Title VII of the Civil Rights Act. When Dollar General and BMW requested to see how the EEOC’s own hiring and background screening policies differed from their own, the EEOC balked and said their policies were not relevant to either of the lawsuits. When we last covered this issue, a South Carolina District Court judge had demanded that the EEOC turn over its hiring practices in order to proceed with its case against Dollar General. However, since then a federal court overturned that decision, stating that the EEOC’s policies are not relevant to the discrimination case it was bringing against Dollar General, though it did say the EEOC must provide documentation specifying what would constitute “reasonable” and “acceptable” background check practices for companies. However, that judge’s decision goes against the decisions made in two other high-profile EEOC cases over the past year. The EEOC lost its cases against both Freeman and Kaplan Education after they were appealed. The courts in both those cases determined that the EEOC’s own background-screening practices were, in fact, relevant to the defense. The EEOC can sue for discrimination on behalf of individuals on a number of factors, including race, national origin, gender, disability and age. When the EEOC provides concrete screening guidelines, it will help businesses — all businesses, not just the ones being sued — to reform hiring and background screening processes so employers can ensure they are staying within their legal rights. Having more specific guidelines for appropriate background screening will ultimately benefit both employers and job-seekers.]]>

You May Also Like

Check out these additional posts from Mind Your Business.

Choosing the Right Background Check Provider for Continuous Background Checks

With continuous background checks, the importance of selecting the right provider cannot be overstated. The decision to integrate continuous monitoring into an organization’s processes comes with the responsibility of choosing a background check provider that aligns seamlessly with the unique needs and values of the organization. Let’s explore the key considerations in selecting the ideal…
Read More

What are Continuous Background Checks?

Continuous background checks are a departure from traditional screening practices and are a paradigm shift in how companies vet their employees. Unlike the conventional one-and-done approach, continuous background checks involve regular, ongoing assessments of an individual’s criminal history and qualifications. Continuous background checks can be used at varying frequencies, ranging from daily to weekly or…
Read More

The Top Five Reasons to Run a Background Check

Running a background check is more than just a precaution; it’s a crucial step toward ensuring transparency, accountability, and peace of mind. Let’s explore why running various types of background checks is essential in various aspects of life.  Hiring the Right Candidates In the hiring process, running a background check is a cornerstone of pre-employment…
Read More

Quality and Precise Results, On Time!

Let us know about your screening needs to get a custom quote. We work with businesses big and small as well as the government. Which means we have a package of solutions for your organization as well.