How to use Background Checks to Avoid EEOC during Recruitment
Author: Michael D. Haberman - SPHR
The use of background check is critically important to insure you are hiring people who are really who they say they are. Not checking the background will impact a company by losing productivity, customers, future customers, employees, materials and money.
Negligent hiring is a claim made by an injured party against an employer based on the theory that the employer knew or should have known about the employee's background which could indicate a possible dangerous or untrustworthy character.
Prime document is the enforcement guidance on the consideration of conviction or arrest records in employment decisions under Title VII of the Civil Rights Act of 1964.
Two people with the same criminal background get treated differently because of a protected category, such as race. Having a criminal record is a discriminatory use.
Having an across the board policy of hiring no one with a criminal background excludes people from protected categories because of historically higher arrest and conviction records due to past discrimination.