There is a new philosophy around conducting an individualized assessment with a candidate that has a criminal past that involves reviewing background checks. Its purpose is to determine if in fact the specific crime committed is grounds for disqualification from employment. The Equal Employment Opportunity Commission (EEOC) published a guide in 2012 titled “Consideration of Arrest and Conviction Records in Employment Decisions.” This guide was in direct response to a spike in Title VII lawsuits brought against employers for discriminating against job applicants with a criminal record.
An employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII, and may violate the law if not job-related and consistent with business necessity (disparate impact liability).
This means employers should eliminate any “blanket” statements stating that past criminal activity will be grounds for disqualification from any employment consideration. Instead, the guidance looks at the three questions that must be answered to determine suitability for employment:
When you receive a completed screening report with adverse information that may be reported, it is vital that a review is done with the subject of the report, also know as the applicant. Hopefully, the candidate is allowed the opportunity to disclose any past criminal activity either on the employment application (keep in mind that soon employers may not ask this question on an application) or during the interview process. If the candidate was truthful and disclosed information that matches what was revealed on the background check, it is time to go over the three questions above.
One out of every six crimes occurs in the workplace and homicide is the second leading cause of workplace death in the U.S.
National Credit Verification Service reports that 25% of the MBA degrees it verifies on resumes are false.
72% of shrinkage is due to employee theft.
34% of all job applications contain lies.
30% of small business failure is caused by employee theft.