Criminal Background Policy Checkup

For many employers, criminal background checks are necessary. They help prevent employee theft in the workplace; avoid lawsuits from employees, customers or clients based on the conduct of a worker who was formerly incarcerated; and ensure compliance with laws that bar people with criminal records f...

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Bibliographic Details
Published in:HRMagazine 2012-07, Vol.57 (7), p.61
Main Authors: Siniscalco, Gary, Connell, Erin M, Stathopoulos, Alexandra
Format: Article
Language:English
Subjects:
Background checks
Compliance
Convictions
Criminal records
Criminal statistics
Economic conditions
Employers
Employment
Employment policies
Enforcement
Hiring
Imprisonment
Liability
Pharmacy
Prisons
Recidivism
Robbery
State laws
Unemployment
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Summary:For many employers, criminal background checks are necessary. They help prevent employee theft in the workplace; avoid lawsuits from employees, customers or clients based on the conduct of a worker who was formerly incarcerated; and ensure compliance with laws that bar people with criminal records from certain occupations. As the unemployment rate for people with criminal records skyrockets, particularly among minorities, the US Equal Employment Opportunity Commission has increased pressure on employers to re-examine criminal background check policies. On April 25, the commission released new enforcement guidance for employers that emphasizes the agency's presumption that consideration of a criminal history is unlawful unless the employer can prove that its policy is narrowly tailored, job-related and consistent with business necessity. Employers now face the difficult task of ensuring that their policies satisfy business needs. Finding the right balance is not easy. Employers cannot maintain blanket policies or rely on "common sense" as a justification for their use of criminal background checks in hiring. Key data on recidivism is still being developed, and the legal landscape in this area is subject to change.
ISSN:1047-3149