Minnesota Employment Law Report - EEOC to Scrutinize Employers' Use of Criminal Background Checks - Comments http://www.minnesotaemploymentlawreport.com/ Minneapolis Lawyers & Attorneys for Labor Law en Copyright 2011 Mon, 23 May 2011 16:09:13 -0600 Mon, 23 May 2011 16:09:13 -0600 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Janette Levey Frisch This issue seems to have become a hot button in the employment field. Employers who may have been hurt before by not properly screening (and maybe even had to defend a negligent hiring claim) want to be more careful and screen properly and often will go as far as to refuse to hire someone with an arrest that either did not lead to a conviction or where the matter has not been adjudicated, resulting in people who may not actually be guilty of anything being excluded from employment. That does not even address the EEOC's concern about disparate impact.

As in-house counsel for a staffing company I often encounter clients who insist on excluding temps who have any negative item on their background check. It only takes one minority candidate no placed because of an arrest (and nothing more) or maybe a conviction that has nothing to do with the job requirements or safety of others for both the staffing company and the client to be liable for discimination under those circumstances. The challenge for me is helping the client find a solution that allows the client to feel comfortable that it is getting properly screened temps without having to worry about liability.

]]> http://www.minnesotaemploymentlawreport.com/discrimination/eeoc-to-scrutinize-employers-use-of-criminal-background-checks/#22865 http://www.minnesotaemploymentlawreport.com/discrimination/eeoc-to-scrutinize-employers-use-of-criminal-background-checks/#22865 Discrimination Fri, 29 Oct 2010 14:51:56 -0600 Grant T. Collins