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Calling for a Balanced Approach to Criminal Background Checks

Yesterday, the EEOC continued its series of public meetings examining hiring practices as alleged employment barriers, covering employers' use of arrest and conviction records . According to the EEOC's press release , it is trying to strike a balance between workplace fairness and workplace...

Foley & Lardner Labor and Employment Law Weekly Update (Week of August 15, 2011)

Recent Developments Highlight Need to Conduct Individualized Analysis of Criminal Background Checks By Larry S. Perlman As pre-employment criminal background checks have become the norm, employers must take care to ensure compliance with federal and state laws regarding use of criminal conviction...

EEOC Announces New Guidance on Use of Criminal Background Checks Under Title VII-Focuses on Individualized Assessments of Past Crimes

Yesterday afternoon, the EEOC announced its long awaited, and, by employers, long dreaded, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII (along with a short and sweet Q&A ). The Guidance is not nearly as bad for employers...

Would You Rather Hire a Liar or a Criminal?

According to a recent survey conducted by background-screening company EmployeeScreenIQ , resume lies are more of a deal breaker for employers than past crimes. Of the 600 HR professionals surveyed 45 percent said that they routinely ding candidates with a criminal history on their resume, while a whopping...

States With Pro-Employee Laws: Ban The Box

Or, States That Don't Suck For Employees, Part VI You may have heard the term “ban the box” but not know what it means. These laws generally prevent employers from asking about applicant arrests or convictions at the beginning of the application process, and only allow inquiries after...

A Bipartisan “Ban the Box” Bill is Introduced in Congress

Some states and cities have made it illegal to ask about criminal convictions on job applications. A new bill introduced last week in both the U.S. House and Senate called the Fair Chance Act may “ban the box” across the country for all federal agencies and federal contractors. With limited...