by Martin Salcedo, Esq. - The Human Equation
on 6/18/2013
In a previous article we discussed the Equal Employment Opportunity Commission’s (EEOC) position on the use of arrest and conviction records in the employment context. According to the EEOC, Title VII of the Civil Rights Act (Title VII) prohibits the use of arrest and conviction records in a manner that discriminates on the basis of race, color, national origin, religion, or sex. The EEOC recently reaffirmed its position by filing two lawsuits involving the use of criminal background records.
BMW Manufacturing Co.
The EEOC claims that BMW’s criminal conviction policy, which disproportionately screened out African Americans, is not job related and consistent with business necessity. The lawsuit alleges that BMW’s policy is a blanket exclusion that does not provide for an individualized assessment of the nature and gravity of the crimes, the ages of the convictions, or the nature of the workers’ respective positions. More...
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Tags: 2013, Background and Reference Checks, Business Strategy, Discrimination, diversity, Employee Status and Job Descriptions, Employment Liability, Equal Employment Opportunity Commission, Laws and Regulations, recruiting and offers, Risk Management, EEOC, Title VII of the Civil Rights Act of 1964, Workplace Rights, Workplace Harassment and Discrimination
Categories: 2013, Human Resources, Risk Management
by The Human Equation, Inc.
on 3/17/2010 It is essential to build the right workforce to implement your organization’s business strategies. More...