OFCCP question potential discrimination in criminal background checks
Washington Post. The OFCCP even states that contractors who advertise hiring positions for only applicants with “clean records” are in violation of anti-discrimination laws. “Policies that exclude people from employment based on the mere existence of a criminal history record and that do not take into account the age and nature of an offense, for example, are likely to unjustifiably restrict the employment opportunities of individuals with conviction histories, the directive reads. “Due to racial and ethnic disparities in the criminal justice system, such policies are likely to violate federal anti-discrimination law.” In blunt terms, OFCCP suggests that criminal record checks may violate the Civil Rights Act of 1964, because “racial and ethnic minorities are arrested and convicted at a higher rate than whites.” Even more reason to hire an employment screening firm While criminal background checks are only one aspect of employment verification, they can play a key role in certain hiring decisions. And this doesn’t mean the end of them, just that employers need to be ever-careful. EEOC officials contend that to avoid being sued for civil rights violations for not hiring an applicant with a criminal history, an employer’s policy or practice of excluding applicants based upon criminal history must be “job-related and consistent with business necessity.” As part of the directive, the OFCCP emphasize that fact, suggesting that if an employer asks about an individual’s criminal history at any point during the application process, the employer should limit the inquiry to convictions that are related to the job in question and are consistent with business necessity. Criminal convictions can affect a broad range of job roles, and as an employer this is a reasonable note to keep in mind. So how do you stay safe, within your rights and avoid potential lawsuits? By bringing a pre-employment screening company on board who know the risks involved and can protect you from them. Contact us today with your questions and concerns, and MYB can ensure your business stays protected. ]]>
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