Several weeks ago, the Equal Employment Opportunity Commission issued guidance to employers regarding criminal background checks. The commission suggested that employers should remove questions about criminal convictions from employment applications because these questions adversely impact African American and Hispanic job applicants.
Instead, employers are encouraged to evaluate what information they ask in relation to the specific position being filled and when they should ask it. In most situations, information regarding criminal convictions should be incorporated into later phases of the selection process and tailored to the exact job in question.
For example, if the applicant is being considered for a cashier position, questions probing for information about convictions for theft, fraud, or related crimes would be appropriate during a job interview. Likewise, candidates being considered for a position in a school or similar work environment should be asked about convictions for sex-related offenses.
Because the guidance does not have the force of law, employers may choose not to follow the commission’s direction and instead continue to request conviction information on the employment application. While this may be an appropriate short term strategy, careful consideration should be given to reviewing policies regarding criminal convictions and how these policies apply to specific job families in your organization.
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