How will your background check affect potential jobs?

How will your background check affect potential jobs?Discrimination lawsuits have been on the rise as businesses ask potential employees for criminal background checks. The Equal Employment Opportunity Commission has been heeding warnings to companies for only certain people, opening themselves up to lawsuits.

In April, the EEOC issued enforcement guidance that is expected to hold up well in court. “The commission stated that people cannot be denied employment based solely on criminal histories but stops short of banning the use of criminal background checks,” according to Chicago Tribune Reprter Ellen Jean Hurst.

The EEOC suggests to companies that they consider three things to avoid errors: how long ago the crime was committed, the nature of the crime, and how the crime relates to the job. It is also recommended to companies that during the interview process, the interviewee has a chance to explain the crime to potential employers, as well as therapy efforts.

Companies are recommended into paying extra attention to the relation of the crime to the job that the ex-criminal is applying for, if the two are unrelated, there should be no reason, based on the crime, not to hire.

Pepsi was ordered a court case in January that caused them to pay $3.13 million to African Americans applicants who had been denied employment based solely on their criminal backgrounds. As a result of the court case, Pepsi Co. has changed their hiring procedures.

This issue was brought the attention of the EEOC in 2007 when Douglas El claimed to be fired unfairly when his company learned about a second degree murder conviction from 40 years previous. The EEOC was required to research the impact of using criminal backgrounds as grounds for not hiring applicants.

The EEOC  found out that many more African Americans and Hispanics have criminal histories, therefore the numbers are disproportionate.

If your company has found itself in a bind, or you wish to prevent that from happening, contact a Chicago area business attorney. There are business attorneys that can help you, at The Gierach Law firm.