REMINDER: Best Practices Standards for the Proper Use of Criminal Records in Hiring

Responsible hiring practices should incorporate the recommendations made by the Equal Employment Opportunity Commission (EEOC) and the Fair Credit Reporting Act (FCRA).

 

As the EEOC pointed out in its 2012 “Enforcement Guidance on the Use of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964”, proper use of criminal history data begins with looking at the risks that arise from the nature of the job.

 

Employers must remember that millions of workers with prior convictions have turned their lives around and become productive members of society.  These workers are disproportionately from minority communities.  Employers need to follow sensible procedures in considering the past conviction records of job applicants, since failing to do so will both hurt the employer’s interests and risk discriminating against productive workers of every heritage.

 

Below are some Best Practice Standards that will enable employers to protect their interests without unduly burdening applicants with past mistakes.

1. Consider only convictions and pending prosecutions.
2. Consider only convictions that are relevant to the job in question.
3. Consider only convictions recent enough to indicate significant risk.
4. Do not ask about criminal records on application forms.
5. Use a qualified CRA to conduct record checks.
6. CRAs should report only convictions that are relevant and recent.
7. Report convictions only when full name and one other identifier match.
8. Confirm all information from online databases with original source.
9. Get current disposition of all relevant information.
10. Provide applicant the opportunity to challenge the CRA’s report.
11. All charges related to a single incident should be reported as a single entry.
12. Consider evidence of rehabilitation.
13. Minimize conflict of interest by decision makers.
14. Train human resources staff.
15. Have a diversity program.

 

Click here to read the full White Paper, Best Practice Standards: The Proper Use of Criminal Records in Hiring, written by experts from the National H.I.R.E. Network, Lawyer’s Committee for Civil Rights Under Law, National Workrights Institute, and CARCO Group, Inc.

 

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