The United States Equal Employment Opportunities Commission (EEOC), the agency of the United States Government that enforces the federal employment discrimination laws, announced a set of guidelines prohibiting discriminatory hiring practices against applicants with criminal backgrounds. Until recently, the EEOC had no rule-making ability. That was until the Obama Justice Department gave the EEOC the authority to dictate hiring practices.
The new EEOC guidelines focus on unequal treatment and unequal impact. Now, any questions about a person’s criminal history must fall into one of the following categories:
- The questions must arise out of business necessity,
- The question must relate to the position at hand, or
- The question must be administered consistently from applicant to applicant.
So how do you make safe and intelligent hiring decisions without violating the new EEOC guidelines? Using backgrounds checks may result in litigation; however skipping background checks may put your business at risk. How do you modify your company’s current hiring procedures to fit within the new guidelines while still ensuring your business remains safe and avoids litigation?
These are the questions you should ask an experienced labor and employment attorney.
If you would like to learn more about or have been accused of using Discriminatory Hiring Practices, please contact Offit Kurman labor and employment attorney and chair of the firm’s Labor & Employment Practice Group Howard K. Kurman at email@example.com. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. Through regular contact with his clients, Mr. Kurman assures they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace.
Offit Kurman Attorneys at Law: Labor & Employment Law Practice Group
At Offit Kurman Attorneys At Law, the attorneys in our Labor & Employment Law Practice Group assist employers in staying current with changes in the law and making proactive decisions regarding workplace policy and procedure. Our attorneys are skilled at helping to resolve the challenging workplace issues employers face every day, from labor negotiations and alternative dispute resolution, to wage and hour investigations, to charges of wrongful termination, and more
Offit Kurman is well positioned to offer a broad range of services to employers of all shapes and sizes across the United States. We are dedicated to helping you achieve maximum operational flexibility while minimizing your legal risk and cost.
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