Enforcement guidance targets background checks
Enforcement guidance targets background checks
Healthcare providers using criminal background checks should take notice of enforcement guidance on employer use of arrest and conviction records in employment decisions. Previous arrests and convictions might not be relevant to the current job application, the Equal Employment Opportunity Commission (EEOC) says in Title VII of the Civil Rights Act of 1964, issued in April 2012 by the EEOC.
The new guidance clarifies and updates the EEOC's longstanding policy concerning the use of arrest and conviction records in employment, EEOC Chair Jacqueline A. Berrien said in announcing the update. While Title VII does not prohibit an employer from requiring applicants or employees to provide information about arrests, convictions, or incarceration, it is unlawful to discriminate in employment based on race, color, national origin, religion, or sex. The guidance builds on guidance documents that the EEOC issued more than 20 years ago that explained when the use of arrest and conviction records in employment decisions might violate Title VII.
Unlike previous enforcement guidelines, the new guidance urges employers not to automatically disqualify applicants when criminal records are found, even if the charges or convictions were of a serious nature. Employers should give applicants a chance to explain a report of past criminal misconduct before they are rejected outright, the EEOC says. An applicant might say the report is inaccurate or point out that the conviction was expunged, it might be completely unrelated to the job, or the applicant might show he or she has been fully rehabilitated, the EEOC explains.
The EEOC also recommends that employers stop asking about past convictions on job applications. Additionally, it says an arrest without a conviction is generally not an acceptable reason to deny employment.
The materials for the public meetings held on the use of arrest and conviction records, including testimony and transcripts, are available at http://eeoc.gov/eeoc/meetings/index.cfm.
Healthcare providers using criminal background checks should take notice of enforcement guidance on employer use of arrest and conviction records in employment decisions. Previous arrests and convictions might not be relevant to the current job application, the Equal Employment Opportunity Commission (EEOC) says in Title VII of the Civil Rights Act of 1964, issued in April 2012 by the EEOC.Subscribe Now for Access
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