The guidelines released by the Equal Employment Opportunity Commission in April of 2012 established strict restrictions on how a company must conduct a proper background check. Since the release many companies have been reluctant to comply with the new restrictions. With light of this situation the EEOC has taken a very aggressive approach and have begun to track down noncompliant employers. These employers are being thoroughly investigated and when they turn up guilty the commission is ready to crack down with fines and fees.
The enforcement plan was rolled out at the start of 2013 and is scheduled to continue through 2016. It started with a warning to all companies to check the hiring guidelines and to assess three specific considerations before a final hiring decision is made.
What must be taken into consideration includes:
- The nature of the job applied for.
- The severity/nature of the offense.
- The length of time that has passed since the conviction.
Once these are evaluated the EEOC claims the employer is ready to make their own informed decision.
Texas openly disagreed with the EEOC on Monday when it announced that it was suing the commission over the enforcement guidelines. Found on eeoc.gov, the statement in question says, “Since an arrest alone does not necessarily mean that an applicant has committed a crime the employer should not assume that the applicant committed the offense. Instead, the employer should allow him or the opportunity to explain the circumstances of the arrest(s) and should make a reasonable effort to determine whether the explanation is reliable. Even if the employer believes that the applicant did engage in the conduct for which he or she was arrested that information should prevent him or her from employment only to the extent that it is evident that the applicant cannot be trusted to perform the duties of the position.” Texas Attorney General Greg Abott is arguing that this violates Texas state law and endangers Texas communities, in his suit he states the government has over-stepped and advises other states not to comply.
As of now the EEOC stands by its guidelines saying the conditions do not require an employer to employ someone with an arrest record but they must first follow the three steps stated above to disqualify the candidate. Texas’s objection could mean changes in the recent guidelines, but beware, the changes have yet to come and the EEOC continues to push forward with enforcing the current standards.
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