On April 25, 2012, the Equal Employment Opportunity Commission issued new guidelines for employers regarding the use of criminal records in the hiring process.
With 92% of companies performing pre-employment screening, regulatory agencies want to ensure that employers use criminal records in a non-discriminatory manner.
The new guidelines largely expand upon previous statements by the EEOC. Key points to help employers develop screening policies that align with the EEOC’s guidelines include the following:
- Distinguish between arrests and convictions. An arrest does not necessarily indicate that criminal conduct occurred, while a conviction typically does.
- Consider the amount of time that has passed since the crime occurred.
- Evaluate the nature of the crime and the nature of the position being filled to determine job-relatedness.
- Ensure that the criminal information being used is reliable.
- Provide applicants with the opportunity to explain circumstances surrounding convictions that are found.
- Do NOT implement a policy that simply bans all applicants with any type of criminal record.