According to the Bureau of Justice Statistics, about 92 million Americans have a criminal history on file. In the event that employers come across an applicant with a criminal record, it is imperative that these employers are aware of their obligations under the Fair Credit Reporting Act and an ever increasing wave of federal, state and local laws.
Experts advise employers to stay current with the state and federal regulations that govern the use of criminal records in background screening; use a hiring matrix to make consistent decisions; conduct Individualized Assessments (IA); and stay in legal compliance by providing Pre-Adverse Action and Adverse Action notifications, with all required enclosures.
The EEOC stresses the use of Individualized Assessments and while not performing the individualized assessment may not be violating the law, it puts employers at risk for claims of discrimination. The guidance of the EEOC has had a strong impact on employers’ hiring practices and more employers are letting candidates explain conviction records and who they are today.
According to SHRM, only 21 percent of responding employers state they disqualify candidates due to criminal records more than 20 percent of the time. The remaining 79 percent disqualify candidates because of criminal records far less or not at all. Other surveys and articles show a major decrease in the number of employers that disqualify applicants due to criminal records.
Members of Congress have requested that President Obama adopt a fair chance hiring policy at the federal level. They feel that the millions of Americans with criminal records deserve the chance to earn a fair wage and support themselves and their families. Congress has also requested that federal contractors and agencies refrain from asking applicants to report their criminal histories.
Ban the Box is steadily being adopted by multiple states, cities and counties as is the increasing prohibition against employers’ use of consumer credit reports for evaluating prospective employees.
POE conducts Individualized Assessments (IA) for our clients. We would be more than happy to assist in setting up your IA process, for you to conduct the IA’s or for POE to conduct the IA’s on your behalf.