Washington Report: EEOC Considers Tightening Employer's Use of Background Information

NACS has joined a coalition of stakeholders in expressing industry concerns about changing an employer's ability to use criminal background information in making hiring decisions.

August 08, 2011

Week Ahead
The House and Senate are in Recess until September 7. Please take this time to introduce yourself to your members of Congress as you see them around the district or state. Please contact Kelly Fink at kfink@nacsonline.com or (703) 518-4228 if you would like help facilitating a meeting.

Week in Review

EEOC Considers Tightening Employers€™ Use of Criminal Background Information in Hiring
The Equal Employment Opportunity Commission (EEOC) held a hearing last week on employers€™ use of criminal background checks in their hiring practices. While there are no indications that the EEOC is considering an outright ban on criminal background checks, the commission does appear to be exploring various options €" perhaps through updated policy guidance €" for narrowing employers€™ ability to use criminal background information when making hiring decisions.

The hearing was designed to identify and highlight employers€™ best practices regarding background checks, including the appropriate use of arrest and conviction records based on current legal standards. Some commissioners are concerned that employers€™ use of background checks can lead to discrimination in hiring and have a disparate impact on certain protected classes.

NACS has joined a coalition of stakeholders on a letter to the EEOC expressing concerns about changing employers€™ ability to use criminal background information in making hiring decisions. We will keep you posted on any new developments coming from the EEOC.

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