EEOC best practice guidelines for criminal background checks

In 2012, the United States Equal Employment Opportunity Commission offered new enforcement guidance for best practices when it comes to employment screening using criminal background checks. Laws have variance by state and city. For instance, in Massachusetts rigid time frames are set for inquiries to occur, whereas Newark, New Jersey's ordinance 12-1630 that will go into effect in January, 2013 states that only employees in highly sensitive jobs will be given background criminal screening. Debt collection data and consumer credit reports may supplement criminal background inquiries in many cases to show a more full picture of candidates. However, the EEOC makes a clear distinction between conviction records and arrest records, therefore employers may not disqualify an individual from employment by the mere presence of an arrest record without a conviction. Employers should be familiar with these guidelines for hiring. Compliance with federal regulations is crucial, therefore human resources representatives should have training that involves legal updates particular to federal, state and local laws. Ensuring that proper and efficient methods of background investigation are in place will firm up the ability to determine best candidates according to skills, accomplishment and promise.