EEOC releases updated guide for employers
Memphis, April 27, 2012
The U.S. Equal Employment Opportunity Commission (EEOC) has issued an updated guide regarding employment decisions under Title VII of the Civil Rights Act. The amended document elaborates on a report issued by the EEOC 20 years ago.
This new guidance clarifies the EEOC’s previous policy regarding the use of arrest and conviction records in hiring. The EEOC hopes this expanded guide will assist job seekers, employees and employers.
The increased number of incarcerated citizens reflects the growing importance of a guide for applicants and employers. “In 1991, only 1.8 percent of the adult population had served time in prison … by 2007, 3.2 percent of adults were under some form of correctional control,” according to the EEOC.
This new document updates relevant data, consolidates previous EEOC policy statements and illustrates different scenarios that an employer might encounter during the hiring process.
“Verified Person urges our clients to read the new EEOC guide for employers,” said Jim Davis, Verified Person CEO. “Verified Person will follow this document internally and we want our clients to fully understand and be protected from liability related to hiring and retention.”
An understanding of the new EEOC document is essential to employers to avoid employment discrimination and legal liability.
An essential change in the EEOC document is the difference between arrest and conviction records. When analyzing an applicant’s history, the employer should consider: the nature and gravity of the offense, time passed since the offense and the nature of the job sought. The guide recommends that employers refrain from asking about convictions on job applications.
The EEOC intends this document to be used by employers considering the use of criminal records in their selection and retention processes.
For more information or questions about the EEOC Enforcement Guidance: see the EEOC’s frequently asked questions page or call Verified Person customer support at 901-259-8181.
About the EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex, national origin, age, disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination or participated in an employment discrimination investigation or lawsuits. Most employers with at least 15 employees are covered by EEOC laws. Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages and benefits. For more information please visit, www.eeoc.gov/.
About Verified Person Inc.
Verified Person provides the industry's most advanced criminal background screening and identity verification services, applying leading-edge technology to traditional search methodologies in order to deliver faster, more accurate results via a simple-to-use website. The company's solutions help healthcare, staffing, financial services; retail and other industry organizations comply with regulations and mitigate corporate threats such as workplace violence, internal theft, fraud and poor employee selection. Verified Person was founded by John Sculley, former CEO of Apple, and Tal Moise. The company is headquartered in Memphis, Tenn. For more information please visit www.verifiedperson.com or call (888) 616-0626.
Camille H. Gamble
Vice President of Marketing
Verified Person Inc.
22 N Front Street Ste. 300
Memphis, TN 38103