EEOC Issues Guidance Letter on Use of Criminal History Information in Hiring Process
- Article Information
- Published on Thursday, 27 October 2011 18:20
In response to an inquiry by the Peace Corps, the Equal Employment Opportunity Commission (EEOC) has issued a guidance letter regarding the use of conviction and arrest records in the hiring process. The EEOC sets forth its position in the letter, stating, in pertinent part, “A pre-employment inquiry concerning criminal records does not in itself violate Title VII because Title VII does not regulate inquiries by employers. However, an employer’s use of criminal record information in its selection process may violate Title VII in certain circumstances. Thus, an employer must not use criminal history information to engage in unlawful disparate treatment (e.g., excluding African American applicants with certain criminal charges while accepting White applicants with the same charges). Moreover, because disproportionate numbers of African Americans and Hispanics are arrested and convicted, the use of conviction and arrest records to make employment decisions is likely to have a substantial disparate impact on those groups. Where there is such an impact, an employer must not use criminal history information in a manner that is not job related and consistent with business necessity. As set forth below, the standard of “job related and consistent with business necessity” is applied differently for a conviction and for an arrest or charge…Excluding individuals from employment because they have arrest or conviction records may disproportionately exclude African-Americans and Hispanics, thereby creating a disparate impact. Accordingly, the Peace Corps should ensure that its criminal history policies and practices are “job related and consistent with business necessity.” For exclusions based on convictions, the legal standard is that the criminal conduct is recent enough and sufficiently job-related to be predictive of performance in the position sought, given its duties and responsibilities.” Read More.
HR Practice Pointer: Bulletin Boards In The Workplace
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- Published on Thursday, 25 August 2011 01:11
Employers commonly use bulletin boards as a means of posting information for employees, and as a place where employees can post information. Bulletin boards are typically located in lunch/break areas in the workplace. An employer is not required to have a bulletin board, although some union contracts require bulletin board space for use by the union. Employers should address the use of bulletin boards in the employee handbook, and in particular should require that items posted on the bulletin board are approved prior to posting by a supervisor to ensure that discriminatory/harassing/inappropriate items are not posted. In addition, employers/supervisors should check bulletin boards on a regular basis to ensure that inappropriate/unlawful items have not been posted.
HR Practice Pointer: Holiday Pay
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- Published on Tuesday, 19 July 2011 09:24
Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California law does not require that an employer provide its employees with paid holidays, that it close its business on any particular holiday, or that employees be given the day off for any particular holiday. If an employer chooses to close its business on holidays and gives its employees time off from work with pay, such practice is pursuant to the employer's own policy, the terms of a collective bargaining agreement, or the terms of an employment agreement between the employer and employee, as there is nothing in the law that requires such a practice. Further, there is nothing in the law that requires an employer to pay an employee a special premium for work performed on a holiday, Saturday, or Sunday, other than the overtime premium
required for work performed in excess of eight hours in a workday or 40 hours in a workweek. If an employer decides to provide paid holidays, the employer selects the holidays to be offered, in addition to eligibility requirements. Exempt employees are entitled to compensation if they are ready, willing and able to work on a holiday, but no work is available (i.e. the company is closed for the holiday). Employers typically grant the following holidays: New Year's Day; President's Day; Memorial Day; Fourth of July: Labor Day; Thanksgiving; Friday after Thanksgiving; and, Christmas. The employer's policy on holidays should be set forth in the employee handbook. Read More.
