Criminal Records
Criminal Records: A Fault in America’s Hiring Decisions
When most people are applying for jobs they are usually concerned with whether or not they’ll meet the qualifications in the eyes of the hiring manager or whether or not they’ll make the cut between the remaining candidates. However, there are people who worry about whether or not their past actions and criminal convictions will bar them from even being considered for employment. The sensitive topic that worries so many people is background checks. Should they be used for employment purposes?
The Equal Employment Opportunity Commission has been working towards proving that, in some instances, background checks can create a disparate impact on minorities. Disparate impact can happen in the hiring process when neutral policies affecting hiring can adversely impact a protected class of people, such as African Americans or Hispanics. If a company is proven to discriminate in this manner it can cost them thousands of dollars to correct. Also, these background checks merely show you what someone did on paper. They do not reflect the circumstances of the case or even acknowledge what the person has done to right their wrongs. Those who support the use of these background checks say they protect their company and the public from “a problematic employee committing theft or fraud or harming a third party” (Bible). But as our society progresses, we must be mindful of the harm we are doing when trying to protect ourselves. Thus, merely having a criminal conviction should not be the sole reason why an applicant is denied a chance for employment.
The main defense for using criminal background checks is “both to protect customers, co-workers, and the public from employees’ potential violent acts and other wrongdoing and to shield themselves from tort liability for negligent hiring and other causes of action stemming from failure to adequately screen job applicants and employees” (EEOC Likely to Update Guidance on Employer
When most people are applying for jobs they are usually concerned with whether or not they’ll meet the qualifications in the eyes of the hiring manager or whether or not they’ll make the cut between the remaining candidates. However, there are people who worry about whether or not their past actions and criminal convictions will bar them from even being considered for employment. The sensitive topic that worries so many people is background checks. Should they be used for employment purposes?
The Equal Employment Opportunity Commission has been working towards proving that, in some instances, background checks can create a disparate impact on minorities. Disparate impact can happen in the hiring process when neutral policies affecting hiring can adversely impact a protected class of people, such as African Americans or Hispanics. If a company is proven to discriminate in this manner it can cost them thousands of dollars to correct. Also, these background checks merely show you what someone did on paper. They do not reflect the circumstances of the case or even acknowledge what the person has done to right their wrongs. Those who support the use of these background checks say they protect their company and the public from “a problematic employee committing theft or fraud or harming a third party” (Bible). But as our society progresses, we must be mindful of the harm we are doing when trying to protect ourselves. Thus, merely having a criminal conviction should not be the sole reason why an applicant is denied a chance for employment.
The main defense for using criminal background checks is “both to protect customers, co-workers, and the public from employees’ potential violent acts and other wrongdoing and to shield themselves from tort liability for negligent hiring and other causes of action stemming from failure to adequately screen job applicants and employees” (EEOC Likely to Update Guidance on Employer
Cited: Bible, Jon D. “To Check Or Not To Check: New EEOC Enforcement Guidance On The Use Of Criminal History Information In Making Hiring Decisions.” Business Law Today 22.4 (2013): 1-4. Business Source Complete. Web. 29 Mar. 2015. "EEOC Likely to Update Guidance on Employer use of Criminal Checks." HR Focus 89.4 (2012): 4-6. ProQuest. Web. 29 Mar. 2015. Christmann, Samantha. "Party City Settles Suit After State Finds Bias Against Hiring Criminals." McClatchy - Tribune Business News. 02 Oct. 2014. ProQuest. Web. 29 Mar. 2015. Lash, Steve. "Basing Hiring Decisions on Criminal History may Violate Civil Rights Law, EEOC Warns." The Daily Record. 29 Apr. 2012. ProQuest. Web. 29 Mar. 2015. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII U.S. Equal Employment Opportunity Commission., 25 April 2012. Web. 29 Mar. 2015. Criminal Records and Employment National Employment Law Project., n.d. Web. 29 Mar. 2015.