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August 2013 Archives

Spoiler alert: FBI background checks don't tell the whole story

The controversy over employers' use of applicants' criminal background checks is heating up. The U.S. Equal Employment Opportunity Commission recently stepped into the fray by filing lawsuits against two employers who disqualified applicants who "failed" their background checks. The attorneys general of nine states -- New Jersey is not among them -- have asked the EEOC to reverse its stand; one of their arguments is that the EEOC is overreaching, because "former criminals" are not a protected class under Title VII of the Civil Rights Act of 1964.

AGs accuse EEOC of making criminals a new protected class

A couple of weeks ago, the attorneys general from nine states asked the U.S. Equal Employment Opportunity Commission to reconsider its position on criminal background checks of job applicants. The EEOC has sued two large employers over their use of criminal background checks, alleging that the companies' policies have resulted in qualified workers being screened out of employment and even, in some cases, fired from their jobs. New Jersey is neither a party to the lawsuits nor involved with the letter to the EEOC.

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