The EEOC recently updated its policy regarding the use of criminal history information in the selection process. Employers must justify using arrest and conviction screens (if they have disparate impact) based on a “business necessity” defense that includes (at least) three components:
- The nature and gravity of the offense or conduct;
- The time that has passed since the offense or conduct and/or completion of the sentence; and
- The nature of the job held or sought.
Jim Kuthy, Ph.D. and Heather Patchell, M.A., consultants with Biddle Consulting Group, have written a full summary of the EEOC’s decision. If you are an employer who utilizes criminal background checks in your employment selection process, you will find the summary very helpful.
[wpfilebase tag=file id=117 /]