Criminal record checks What Companies Need To Find Out

Criminal record checks What Companies Need To Find Out

This guidance document had been given upon approval associated with the seat associated with the U.S. Equal Employment chance Commission.

OLC Control # EEOC-NVTA-0000-38
Title Background Checks: What companies must know
Date Issued 11-Mar-14
General Topics Applications, Qualification guidelines, Race, colors, Intercourse, nationwide Origin, Religion, Age, Disability, Genetic Information
Overview This document, drafted in collaboration with all the Federal Trade Commission, provides information about how criminal record checks are employed in work as soon as such use may implicate rules enforced because of the EEOC or FTC.
Date Posted 11-Mar-14
Statutes/Authorities Involved Title VII, EPA, ADEA, Rehabilitation Act, ADA, GINA, 29 CFR role 1601, 29 CFR role 1620, 29 CFR role 1621, 29 CFR role 1625, 29 CFR role 1626, 29 CFR role 1630, 29 CFR role 1635
Audience Employers, HR Practitioners
Revision No

The articles for this document don’t have the force and aftereffect of legislation consequently they are maybe maybe not supposed to bind the general public by any means. This document is supposed simply to offer quality into the public regarding current needs under what the law states or agency policies.

A publication that is joint of Equal Employment chance Commission as well as the Federal Trade Commission

When creating workers choices – including hiring, retention, advertising, and reassignment – companies often wish to look at the backgrounds of applicants and workers. As an example, some companies might make an effort to learn about the individual’s work history, training, criminal background, credit history, health background, or usage of social networking. With the exception of specific limitations linked to medical and hereditary information (see below), it is not unlawful for the manager to inquire about questions regarding a job candidate’s or worker’s history, or even to require a background check.

But, any right time you utilize a job candidate’s or worker’s back ground information to create a jobs choice, regardless how you have the details, you need to adhere to federal laws that protect candidates and workers from discrimination. Which includes discrimination predicated on battle, color, national beginning, intercourse, or faith; impairment; hereditary information (including household medical background); and age (40 or older). These laws and regulations are enforced by the Equal Employment chance Commission (EEOC).

In addition, once you run criminal background checks by way of business in the industry of compiling back ground information, you need to conform to the Fair credit scoring Act (FCRA). The Federal Trade Commission (FTC) enforces the FCRA. This book describes just how to conform to both the nondiscrimination that is federal together with FCRA. It is also an idea that is good review the regulations of one’s state and municipality regarding history reports or information because some states and municipalities control the employment of that information for work purposes.

Before You Get Background Information

In all full situations, be sure that you’re dealing with every person equally. It is unlawful to check on the backdrop of candidates and workers whenever that choice is dependent on a man or woman’s battle, nationwide beginning, color, intercourse, faith, impairment, hereditary information (including family members medical background), or age (40 or older). For instance, asking only people of a race that is certain their economic records or police records is proof of discrimination.

Except in rare cases, do not make an effort to get a job candidate’s or worker’s genetic information, which include household health background. Also it to make an employment decision if you have that information, don’t use. (to find out more about that legislation, start to see the EEOC’s magazines describing the hereditary Information Nondiscrimination Act, or GINA. ) Do not ask any medical concerns before a job that is conditional happens to be made. In the event that individual has started the work, do not ask medical questions until you have actually objective proof that she or he struggles to perform the job or poses a security danger due to a medical problem.

In the event that you get background information (for instance, a credit or court records report) from an organization in the commercial of compiling back ground information, you can find extra procedures the FCRA calls for upfront: