How job screening can become discrimination

How job screening can become discrimination

The Equal Employment Opportunity Commission says employers who screen job applicants for criminal backgrounds or credit history cannot do so in a way that disproportionately excludes certain racial or ethnic groups. An exception is where the company can show the practice is job-related and “consistent with business necessity.”

A blanket hiring policy than bars employment for anyone with an arrest or conviction history is nearly always considered illegal, the EEOC says, because it discriminates against blacks and Hispanics, who have arrest and conviction rates greater than whites.

The commission says employers must consider three factors when looking at criminal records:

—The nature and gravity of the offense.

—How long ago the conviction took place or the time since completion of any prison sentence.

—Whether the criminal offense is related to the job sought.

While the EEOC has not issued an official policy on credit checks, it has argued in court that such checks may be illegal if they have a disparate impact on blacks.

Some courts have held that credit checks are allowed for certain jobs, such as where an employee handles large amounts of cash, even if the hiring policy disproportionately screens out black applicants.