Here’s a good article on the latest EEOC litigation on criminal background checks (http://bit.ly/11nFInW). It underscores the fact that criminal background checks have limited validity for predicting job success, by acknowledging that the workers fired from the BMW contract positions had been successfully performing the job prior to being let go. Employers are advised to review their policies regarding criminal history records check policies very carefully. To summarize the EEOC’s guidance, employers should:
1) narrowly tailor written policy and procedure for screening applicants and employees for criminal conduct;
2) identify essential job requirements and actual circumstances under which jobs are performed;
3) determine the specific offenses that may demonstrate unfitness for performing such jobs, and the duration of exclusions;
4) limit inquiries to records to exclusions that would be job related for the position in question and consistent with business necessity;
5) train decision makers on how to carry out the policy in accordance with Title VII.