Title Image

Arrest Vs Conviction – Its Effects on Employment

Arrest Vs Conviction – Its Effects on Employment

The Equal Employment Opportunity Commission (EEOC) has updated its guidelines for the first time in 20 years. We had covered this topic previously. We are following the same thread again to understand why these changes were introduced and what should employers do to synch their hiring policies with these changes.

The factor that provoked EEOC to mend the guidelines was the increase in the number of Americans who have had a brush with the law. Compared to a mere 1.8% of the adult population that served time in prison in 1991, by 2007, the rate had soared to 3.2%, which is clearly a big leap. If it goes on like this, according to a calculated prediction by the Department of Justice, approximately 6.6 percent of people born in the U.S.A in 2001 will surely serve time in prison.

Another fact noted by the EEOC was that the arrest and incarceration rates are still disproportionately high among African-American and Hispanic men. This high rate, results in skewed employment proceedings.

What do these changes imply?

The changes brought about by the EEOC do not stop employers from inquiring about an applicant’s criminal history; it only says that how they choose to act upon that information could cause trouble.

The EEOC appreciates that employers can make decisions based on a person’s conduct that led to an arrest. If that particular conduct can directly affect the job in hand, the employer has the right to claim the applicant unfit. If a complaint is lodged against the employer, The EEOC will then review the employer’s use of an individual’s criminal history and how it would impact the job applied for.

It is important that all employers review the guidelines posted here, and analyze their hiring processes; and revise them if necessary. While reviewing, they should also look at the questions present on standard employment applications, interview questions and hiring policies and make sure that they are in complete compliance with the state and federal laws.

Federal laws and regulations restrict the hiring of individuals with criminal records, in certain areas of work, for instance, federal law enforcement officers, airport security screening professionals, childcare workers in federal agencies, bank employees and more. The Title VII does not prevent any of these federally imposed rules.
To ensure compliance with the law, employers must follow some key practices like:

  • Avoiding the exclusion of candidates who have a criminal record with no connection to the job at hand.
  • Creating a well-defined employment policy for screening. This should identify the job requirements and the circumstances under which the job is performed.
  • Conducting individualized assessments for applicants with criminal records.
  • Limiting the questions related to convictions to areas that are relevant to the job requirements and business necessity.
  • Keeping all arrest and criminal records confidential.
  • Finding out what exactly the candidate had been convicted for.
  • Providing effective training to managers, hiring officials, and decision makers on how to implement the policy and stay true to Title VII.

Coming Soon!

The New Private Eyes Platform.

Background Checks | LegacyLender Solutions | Login

For any questions contact us at (925) 927-3333.

Site Security Notification

 

Use the buttons below to continue your login.

For SITE SECURITY purposes and to ensure that this service remains available to all users, this computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act.

NOTICE: We will not obtain personally-identifying information about you when you visit our site unless you choose to provide such information to us.

Point of Contact for Security and Monitoring: Frank Santa Elena email: security@pebackgroundchecks.com Information Systems Security Officer (ISSO) for www.privateeyesbackgroundchecks.com phone (925) 927-3333.

For any questions contact us at (925) 927-3333.

Find the Right Lender Solution

Fill out the information below and we will contact you or call us at 925-927-3333



First Name*
Last Name*
Email*
Phone*
Company*
Street
City
State
Zip Code
Number of Employees
Where did you hear about Private Eyes?

Find the Right Background Screening Solution

Fill out the information below and we will contact you or call us at 925-927-3333.



First Name*
Last Name*
Email*
Phone*
Company*
Street
City
State
Zip Code
Number of Employees
Where did you hear about Private Eyes?

Candidate Assistance

If Private Eyes is running your background check, please contact our Customer Service department. A person on our team will be more than happy to assist you

Email: CSS@pebackgroundchecks.com
Call: (925) 927-3333

Private Eyes Customer Assistance

If you are a current customer, please contact our Customer Service department. A person on our team will be more than happy to assist you.

Email: CSS@pebackgroundchecks.com
Call: (925) 927-3333