Caution on Checking Criminal Records

1. CAUTION ON CHECKING CRIMINAL RECORDS

2. In the wake of the Equal Employment Opportunity Commission’s new guidance, employers want o revisit employment decisions criteria based on Arrests, convictions and other criminal records. Studies have revealed that almost all the employers use criminal records in making their hiring decisions for some or all of their employees.

3. Employers should consider factors that would help in making hiring decisions, nature of the job, severity of the crime and how long has it been since the conviction or the release of the applicant. A practice or policy to exclude people with criminal records from employment will not meet the standard and they will possibly violate the civil right laws.

4. First, employers develop a targeted screen that will consider the three factors and then make assessments including opportunities of the potential employees to explain the circumstances of the criminal records and offenses. Second, employers will confirm exclusions from a job based on data or analysis about criminal conduct as related to next work behaviors and performance.

5. Employers should show that they are no less discriminatory alternative employment practice that would serve the employer’s goals as effectively as the practice. Employers should take note that bans credit history checks.

6. Good résumés will articulate that criminal records from the past in not necessarily a ban to get employed with the company and will give applicants a chance to explain themselves and the circumstances.

7. Please visit http://www.govpublicaccess.com for more details about Criminal Records for Employers.