• Action Alert: Tell the EEOC How Background Checks Create Barriers!

    July 21, 2011

    Please Email Your Comments by July 26


    On July 26, the federal Equal Employment Opportunity Commission will hold a hearing in Washington D.C. on the racially discriminatory impact of criminal records in employment screening, and the use of criminal background checks. This forum is an important opportunity to educate the EEOC about the large number of ways in which criminal background checks impact our clients, our members and ourselves, and serve as illegal barriers to employment.

    The EEOC has invited the public to submit comments by email, and it's imperative that we make our voices heard. Please send comments before the July 26 hearing if possible, though comments sent after that date may be considered. You can draft your own letter or use a template put together by our partners at the Community Service Society. If you choose to use it, PLEASE customize it to describe your organization and the experiences of you or your members and clients.

    Thank you for your time and effort on this critical issue!

    Background:

    The EEOC clearly understands that criminal records-based employment discrimination can be race discrimination in violation of Title VII of the Civil Rights Act (because of the disproportionate rates at which people of color are arrested and convicted), and issued guidance to employers in 1987 and 1990 concerning their use of criminal convictions and arrests in the hiring process. While that guidance was helpful, it is out of date given today's easy access to criminal record information and the near-universal use of background checks in the employment process. This hearing will be an important opportunity to ask that the EEOC not only strengthen the guidance, but also investigate and enforce violations of the law.

    Employers and the background screening industry will be submitting comments for the EEOC's consideration. It is critical that the EEOC hear from groups and individuals who understand or have directly experienced illegal employment discrimination as a result of employers' use of background checks, with specific examples of individuals' experiences.

    Update: