Here are more issues to consider regarding how employers can best conduct background checks while observing practices that tend not to discriminate against any job applicants with criminal records. As the EEOC is increasingly requiring that employers observe certain protocol when reviewing criminal records, it is wise to have set policies and to determine whether the criminal convictions are truly relevant to the position.
It is also necessary to review the age of the conviction, it’s severity, and whether the job applicant has appeared to have cleaned up his act since his criminal activities. Simply put, if the employment candidate has convictions in his distant past and background checks reveal he has had not criminal record ever since, then, depending on the records and their relevance, it may be discriminatory policy to deny eligibility for employment, based on those prior criminal records.
How severe were the crimes? Were they violent crimes? Do the crimes show relevance to the position being applied for?
Does the candidate pose a potential danger to other employees?
Has the candidate been a productive and contributing member to society?
Is the employer’s current policy a blanket policy and could it be considered discriminatory by the EEOC or other officiating bodies?
Just some thoughts to consider when hiring.
