Comments on: EEOC to Scrutinize Employers’ Use of Criminal Background Checks https://www.felhaber.com/eeoc-to-scrutinize-employers-use-of-criminal-background-checks/ Small firm relationships. Large firm impact. Fri, 15 Jan 2016 22:55:54 +0000 hourly 1 By: Janette Levey Frisch https://www.felhaber.com/eeoc-to-scrutinize-employers-use-of-criminal-background-checks/#comment-55 Fri, 12 Nov 2010 14:32:23 +0000 http://minnesotaemploymentlawreport.wp.lexblogs.com/2010/10/eeoc-to-scrutinize-employers-use-of-criminal-background-checks/#comment-55 This issue seems to have become a hot button in the employment field. Employers who may have been hurt before by not properly screening (and maybe even had to defend a negligent hiring claim) want to be more careful and screen properly and often will go as far as to refuse to hire someone with an arrest that either did not lead to a conviction or where the matter has not been adjudicated, resulting in people who may not actually be guilty of anything being excluded from employment. That does not even address the EEOC’s concern about disparate impact.

As in-house counsel for a staffing company I often encounter clients who insist on excluding temps who have any negative item on their background check. It only takes one minority candidate no placed because of an arrest (and nothing more) or maybe a conviction that has nothing to do with the job requirements or safety of others for both the staffing company and the client to be liable for discimination under those circumstances. The challenge for me is helping the client find a solution that allows the client to feel comfortable that it is getting properly screened temps without having to worry about liability.

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