EEOC Background Check Guidance Confusing, Burdensome to Some Employers

September 13, 2013 | Aging Services Risk, Quality, & Safety Guidance

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​Many employers are having difficulty understanding and implementing new U.S. Equal Employment Opportunity Commission (EEOC) enforcement guidance on conviction records that require employers to consider the nature and gravity of the offense when evaluating criminal backgrounds, the time that has passed since the offense, and the nature of the potential job, states an August 25, 2013, Business Insurance article. EEOC issued the guidance last year. According to the article, the subjective nature of this type of individualized inquiry into applicants’ and workers’ criminal backgrounds is particularly problematic for larger employers that process a high volume of applications. Legal experts cited in the article emphasize that not only is conducting a complicated process of checking criminal backgrounds onerous, it raises the issue of hiring people who may cause liability, perhaps because of their criminal background.

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