EEOC To Provide Guidance On The Use Of Criminal Records For Employment Purposes

Robert Capwell

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EEOC SealOver the past several months, Employment Background Investigations (EBI) has provided our clients and readers with updates and commentary regarding the EEOC’s focus on the use criminal records and credit history as it relates to background screening and the hiring process.  The EEOC has conducted several meetings regarding this matter and provided an opportunity for public comment after its July 26th meeting in 2011.  EBI, along with the National Association of Professional Background Screeners (NAPBS) and other employer associations and stakeholders continue to lobby for the open and sensible use of criminal records and credit history information to enable employers to make informed hiring decisions.  Using such information can help guide employers, highlight the potential risks of workplace violence, negligent hiring and retention liability, and alert employers to potential risks of fraud, theft and embezzlement. 

On April 25th, the Equal Opportunity Commission (EEOC) is expected to vote and release new enforcement guidance as it relates to the use of arrest and conviction records for employers.  This will be the Commission’s first policy statement since the ramp up of the Commission’s E-RACE initiative released in late 2008. 

On April 26th, EBI’s legal partner and background screening legal expert, Pam Devata, from SeyFarth Shaw LLP, will be hosting a one hour FREE webinar on Thursday, April 26, 2012 at 2:30 pm EDT to provide a comprehensive analysis of the EEOC’s new guidance and provide employers with steps to take to help mitigate the risks and challenges with compliance under Title VII and the EEOC’s guidance. 

We hope you can join the webinar, please register below!

EBI is committed to providing employers with valuable education and resources on changing legislation and cutting-edge and compliant solutions to meet federal, state, local and international mandatory requirements.  EBI will continue to update you on any further action or information available regarding this topic.  EBI is not providing legal advice or counsel and nothing provided within this post should be deemed as legal guidance or advice.  Readers should consult with their own legal counsel to determine their legal responsibilities or if they have questions on any information provided by EBI.

  

Background Checks, Legislative Alerts, EEOC & FCRA

Robert Capwell

Posted By: Robert Capwell

EBI’s Chief Knowledge Officer, Mr. Robert E. Capwell, is considered one of the leading experts in the background screening industry with over 22 years of experience in the field. Mr. Capwell was a contributing author of the second edition of the ASIS Pre-employment Background Screening Guidelines and has written numerous articles and whitepapers for various publications including a periodic column on background screening for The Society for Human Resource Management (SHRM) Online. He has been quoted in The Wall Street Journal, Human Resource Executive Magazine, Entrepreneur Magazine, and several HR-related publications. Mr. Capwell speaks regularly to industry colleagues and HR Professionals both nationally and internationally.

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