Monday, November 12, 2012

Denying employment based on criminal background could lead to suits, feds say; McClatchy Newspapers via Pittsburgh Post-Gazette, 11/12/12

Ellen Jean Hirst, McClatchy Newspapers via Pittsburgh Post-Gazette; Denying employment based on criminal background could lead to suits, feds say: ""The EEOC in April issued enforcement guidance on the matter that is expected to hold significant sway in court. The commission said people cannot be denied employment based solely on criminal histories but it stopped short of banning the use of criminal background checks. To avoid missteps, the EEOC suggests companies consider three things: how long ago the crime was committed, the nature of the crime and how the crime might relate to the job. The agency also said companies should also give ex-offenders a chance during job interviews to explain conviction circumstances as well as rehabilitation efforts. "Employers should record and document the justification for their employment decisions when they are making the decision with someone with a criminal history," said Jeff Nowak, a Chicago labor and employment attorney."

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