Don’t Aid and Abet Potential Discrimination Claims when Using Criminal Background Checks in Your Hiring Practices.
Criminal background checks are necessary to protect schools from becoming potential victims. However, improper and overzealous use of criminal background checks may result in inadvertent discriminatory hiring practices that can lead to liability under Title VII.
Recently, the Equal Employment Opportunity Commission (EEOC) issued its guidelines for using criminal background checks in employment decisions. The guidelines highlighted the significant increase in the number of Americans who have been through some part of the criminal justice system. From 1991 to 2007, the percentage of Americans who have served time in prison has risen from 1.8% to 3.2%. Moreover, arrest rates for African American and Hispanic men are significantly. If the incarceration continue unabated, approximately 6.6% of all persons born in the United States in 2001 will serve some time in prison during their lifetime.
Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000, et seq.) prohibits discrimination based on race, color, religion, sex, or national origin. Given the statistics above, a school’s otherwise neutral policy or practice in using criminal background checks may result in disproportionately more Title VII-protected groups being refused employment simply based on their criminal background. Thus, schools need to evaluate their use of criminal background checks now to ensure they are not exposing themselves to liability under Title VII.
SLRMA is pleased to offer its Self-Audit Checklist for Avoiding Discrimination Claims When Using Criminal History in Employment Decisions. This Checklist provides your school with the means to evaluate its current practices and educate your districts on potential pitfalls in the use of criminal background when make employment decisions. In anticipation of the hiring season, your school district should immediately download and follow the Checklist to avoid any accusations under Title VII.