From law firm Warner Norcross Judd, legal analysis of the question – When are background check discriminatory:
“With the economy in disarray, employers increasingly are using criminal background checks and credit reports to narrow their application pools. Approximately three out of four U.S. businesses perform background checks, both criminal checks and credit reports, as part of their preemployment screening process, according to a series of surveys from the Society for Human Resource Management. This increased use of criminal background checks and credit reports has peaked the interest of the Equal Employment Opportunity Commission (EEOC), and not in a good way.
In an effort to combat racial discrimination in the workplace, the EEOC launched its E-Race Initiative in February, 2007. Through E-Race (Eradicating Racism & Colorism from Employment), the EEOC sought to identify criteria that contribute to race and color discrimination in employment. The EEOC has found that these facially neutral employment criteria may significantly disadvantage applicants and employees on the basis of race, in violation of Title VII of the Civil Rights Act of 1964…”
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