| NEW YORK, April 26, 2012 -- The Legal Action Center and its National H.I.R.E. Network applaud the Equal Employment Opportunity Commission’s newly issued guidance to employers on the use of criminal records in hiring decisions.
With background checks ever more prevalent in job screening, this forward-thinking guidance is critical to ensuring a fair chance for qualified people with criminal histories to compete and participate in the labor market. LAC and HIRE wholeheartedly support the new guidance, including provisions that:
- Put employers on notice that categorical exclusions for people with certain convictions may violate Title VII of the Civil Rights Law of 1964 because of the disparate impact on minorities.
- Recommend that job applications not ask about criminal records, and that if they do ask, they limit inquiries to records for which exclusion would be job-related for the position in question and consistent with business necessity.
- Offer examples of common policies and practices that violate Title VII.
- Inform local and state governments that laws barring people with certain criminal records from jobs or licenses also could violate Title VII.
While the EEOC guidance does not change the law, it makes clearer the steps employers must take to comply with it. In doing so, the guidance addresses the challenges faced by many of the thousands of individuals with criminal histories that Legal Action Center has represented in New York State and that its National H.I.R.E. Network continues to advocate for across the country.
"As individuals endeavor to turn their lives around, it’s key for employers to consider their convictions on a case-by-case basis instead of using blanket bans and arbitrary criteria," said Sally Friedman, LAC’s legal director. "Especially with the kind of errors we see every day on rap sheets, employers can’t possibly treat applicants fairly any other way."
Not only that, the commission’s parameters for a claim of discrimination will force employers with discriminatory policies to make big changes, said Roberta Meyers, director of the National HIRE Network. "As someone who has been fighting against this type of discrimination for decades, all I can say is, wow," she said. "This is an incredibly strong stance that really raises the bar for employers and opens doors to qualified applicants who have repeatedly been turned away."
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