Employment Screening
The
federal Equal Employment Opportunity Commission (EEOC) just published updated
Enforcement Guidance (Guidelines) regarding use of criminal records for
employment screening (background investigation) purposes. The new Guidelines
state that use of criminal records in making employment decisions in some
instances violates the prohibition against employment discrimination under
Title VII of the Civil Rights Act of 1964. The focus is on employment
discrimination based on race and national origin.
The
purpose of this writing is to
briefly summarize the
findings of the EEOC and suggest (or reiterate) best practices to reduce the
risk of a discrimination claim arising out of your background...
A growing number of states have followed Washington's
lead and passed legislation limiting use of credit reports for employment
background screening purposes - to positions for which that information is "substantially
job related". Washington, Hawaii, Oregon, California,
Illinois, Maryland & Connecticut have passed such laws and many more are in
the process of doing so.
Washington law does not specifically define the term
"substantially job related" - leaving it instead to the employer and
(unfortunately) the courts to decide. Other states have done a better job.
Illinois, for example defines "job-relatedness" as follows:
State or federal law requires bonding or
other security...
Federal
law imposes several duties on users of background
screening reports.
Section 604 of the Fair Credit Reporting Active - 15 USC §1681 et seq - (FCRA),
requires that:
* A User of a
Consumer Report (background check) for Employment purposes, before taking Adverse Action
based in whole or in part on the contents of the report, provide to the consumer
(applicant or employee) to whom the report relates:
- A copy of the report;
and
- A description in
writing of the rights of the consumer as prescribed by the Federal Trade
Commission (FTC).
-
FTC
Summary of Rights - click on this link...