EMPLOYER’S USE OF CRIMINAL BACKGROUND CHECKS GUIDED BY REVISED TITLE VII POLICY

The Equal Employment Opportunity Commission recently issued a revised policy regarding Title VII of the Civil Rights Act of 1964. The policy originally was written to prohibit discrimination according to race, nationality, color, religion or gender. The document has become a resource for employers, employment agencies and unions pertaining to applicants and employees. 
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As a job-seeker, you need to know how this policy revision may impact you in your job search.

Why did the EEOC find the need to revise its Title VII policy? The appeal of a court case in Pennsylvania five years ago began the process. During the last span of time, stakeholders were invited to submit input toward the Commission’s study and decision about their current practices and issues with applicants whose records contained criminal activities. As a result, the new policy provides a more in-depth process for employers in the use of criminal background checks. 
 
A brief listing of what will be considered under the new policy
While Title VII prohibits employers from discriminating between job applicants with the same criminal record, it does establish procedures for employers to follow. However, perhaps most importantly, it does not regulate an employer’s acquisition of criminal history for applicants.

Applicants with criminal records will be considered on an individual basis according to relevance of: 

• Circumstances and facts that surround the offense or conduct
• The number of offenses
• The person’s age at time of conviction or release from prison
• Whether the individual performed same type of work post conviction with the same or a different employer and had any incidents of criminal conduct
• Rehabilitation efforts, including education and training 
• Employment and character references, and
• Whether the individual has been bonded
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