Part of what we do at Student Legal Services is help educate students on how any additions to their criminal records may affect their future ability to find employment or get into graduate school.
Recently the U.S. Equal Employment Opportunity Commission (EEOC) filed a couple of lawsuits challenging some employers' uses of job applicant background checks. The legal community, as well as Student Legal Services, will be waiting to see how these cases pan out and how that may affect future e criminal background check processes.
In April 2012 the EEOC issued guidelines to employers on how to use criminal background checks. The EEOC warned employers about "blanket bans" on job applicants with criminal records. In other words, the EEOC did not think it was proper for employers to require all job applicants to submit to criminal background checks and then automatically disqualify any applicant with a criminal record.
According to the EEOC, such hiring practices have a disparate impact on people of color. As an EEOC spokesperson said, "Generally, the rates of incarceration, arrest and conviction are higher for African-Americans (and Hispanics) than their representation in the general population.” The EEOC argues these "blanket bans" then have a discriminatory effect that violates the Civil Rights Act.
Earlier this month the EEOC followed through on its guidelines and filed two lawsuits against BMW and Dollar General for keeping such "blanket bans" on applicants with criminal backgrounds.The EEOC argues that instead of having blanket bans, employers should weigh a few factors along with the applicant's criminal history to determine whether they are qualified for the job. Such factors would be the nature and gravity of the offense, time passed since the conviction, and the nature of the job at issue.
In other words, employers are encouraged to make decisions on a case-by-case basis and not for groups at a time.
For all we know these cases may settle out of court and not result in any court decision. Nonetheless, Student Legal Services will be keeping an eye out for any further developments!
