Human Resource professionals should take note of recent developments that have rejuvenated concerns about the defensibility of criminal background check programs.
Following a series of widely reported losses by the EEOC challenging criminal background checks, the trend is changing.
The agency recently obtained a favorable settlement in a case it brought against BMW.
Under the terms of a consent decree, BMW Manufacturing agreed to pay $1.6 million to individuals screened out by the policy and to institute the EEOC’s model criminal background check process. And EEOC is not alone.
Private plaintiffs’ attorneys successfully obtained the certification of a class action on behalf of nearly 750,000 African American and Latino applicants challenging the U.S. Census Bureau’s background check program.
At the same time, states, cities and localities continue to enact laws restricting employer background checks.
Human Resources professionals should take into account these most recent developments when designing and implementing criminal background check procedures that can successfully respond to legal challenges.
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