EEOC CRITICIZED FOR RECOMMENDATIONS
Guidelines put into effect
in 2012 by the Equal Employment Opportunity Commission have recently come under
heavy scrutiny in front of the House Subcommittee on Workforce Protections.
The guidelines are supposed
to safeguard employees from workplace discrimination, however, many argue that they
are doing a great disservice to employers.
Not only has there been significant uncertainty about what is considered
to be justified pre-employment screening, but employers are now caught between two
bleak options. They either risk EEOC violations by thoroughly screening
potential employees, or limit their screening and increase the risk for employing
a criminal. Either may have devastating results for their company.
Rep. Tim Walberg, R-Mich.,
has said that these guidelines not only hinder the employer but could have a
negative impact on the overall community: “In certain occupations, a background
check of prospective employees is critical to public safety.” These concerns are especially apparent when
hiring employees that will be entering private residences or working with
children.
Additional complaints were
voiced concerning inconsistencies in the EEOC’s approach to investigation and
enforcement of discrimination allegations. This seems to be exemplified by
recent losses during court cases where the EEOC has challenged an employer’s
use of background screening.
Though nothing in the 2012
guidelines prevents employers from conducting criminal records screening during
pre-employment, they are supposed to distinguish instances where such screening
is appropriate. Unfortunately, confusion and uncertainty are marring the
outlined path and have created an unstable foundation for business looking to
hire responsibly.
To follow this topic and
access other useful screening resources, visit: www.eRentalServicesInc.com
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