Dickinson, Mackaman, Tyler & Hagen, P.C.

Refresher on use of criminal background checks in employment decisions

Refresher on use of criminal background checks in employment decisions

Posted on 06/13/2013 at 08:18 AM by The Newsroom

In the Spring of 2012 the EEOC released new enforcement guidance on the use of arrest and conviction records in employment decisions. This week, the EEOC showed it means business about this new guidance, so now might be a good time to review the Dickinson Employment Law Section’s detailed analysis of this guidance here, here and here. On June 11, 2013, the EEOC filed separate law suits against BMW (in South Carolina) and Dollar General (in Illinois) alleging each company violated Title VII of the Civil Rights Act by implementing and utilizing policies about criminal backgrounds that resulted in employees being fired and others being denied employment. The EEOC alleges these policies and actions had a disparate impact on African Americans. Read the EEOC’s statement about the lawsuits here. The EEOC’s litigation is good impetus for Iowa employers to review their policies on the use of arrest and conviction records so they don’t draw the ire of the EEOC and find themselves in the company of BMW and Dollar General. For more information on the proper use of arrest and conviction records and criminal background checks of applicants and employees, contact the attorney at Dickinson with whom you regularly deal, or any member of Dickinson’s Employment Law Section at employmentlaw@dickinsonlaw.com    
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