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... us] may vary with the circumstances. For jobs in which an employee will have access to people's homes or to sensitive information, a criminal records check should be conducted. 11 Failure to conduct background checks could result in liability and penalties in catastrophic amounts for employers. Questioning applicants about convictions is not an altogether different matter for the EEOC or employers. The EEOC has interpreted the provisions of Title VII and provided guidance for their use as well. Convictions differ in nature from arrest records in that a conviction has resulted from due process, which has presumably established an individuals guilt in regard to commission of a crime.
Accordingly, questions regarding applicant convictions and using them to make hiring decisions are treated differently by employers based upon EEOC guidelines and applicable state laws. While EEOC and state requirements do make some allowances for the differing nature of convictions, statistics like those for arrests, present reasons for concern by the EEOC because of the potential for disparate treatment and impact. According to the UCR, of the nearly 15 million arrests for all offenses in the United States in 1998, there was a total of 2 million felony convictions in state or federal courts 12. African Americans make up roughly 47 % of those convicted for felonies in state courts. 13 Source: FBI 1998 Uniform Crime Report Alarmingly these statistics are steadily on the rise, and so too will the degree of disparate impact cases if employers are permitted complete freedom to make hiring decisions based merely on the existence of a conviction. Indeed, that a person had an arrest and conviction history is not an automatic bar to employment, the EEOC has said. 14 For this reason, the EEOC has declared that an arrest and conviction history is not an automatic bar to employment.
The EEOC holds that employers may ask applicants about his or her conviction history at the pre-offer stage but can only consider the conviction in making a hiring decision to the extent that the conviction bear[s] some relationship to the job in order to constitute a sufficient reason not to hire. 15 For example, a bus company's refusal to hire a protected class applicant with a single recent DUI conviction would be justified because the conduct underlying the arrest, driving while intoxicated, is clearly related to the safe performance of the duties of a bus driver, and occurred fairly recently. 16 The tightrope employers must walk to balance their adherence to Title VII against protecting themselves from hiring dangerous employees promises to continue to create a complicated hiring process for employers. But realities within our culture and society clearly demonstrate a need for protecting many from being disenfranchised from the workforce by arbitrary and systemic practices of discrimination in employment and the EEOC guidance makes the attempt. American public policy currently dictates that employers must legally observe the fundamental civil rights of potential applicants while at the same time refrain from negligent hiring of dangerous employees or else face liability exposure, costly litigation, and potentially catastrophic financial penalties. The attempt on the part of public policy makers, policy enforcers, and employers to strike a balance between at times competing obligations will continue to challenge all concerned. 1 Employment Law for Business 2 nd Edition Bennett-Alexander, Pincus. Irwin/McGraw Hill. 1998. p. 305. 2 Hiring Without Lawsuits: Remaining Within The Shrinking Boundaries of What Is Appropriate and Legal Law Firm of Meckler Bulger & Tilson Web Page.
Downloaded 8 Feb. 2000. p. 12. (web) 3 David Andrew Price (Washington Legal Foundation), "English-Only Rules: EOC Has Gone Too Far, " USA Today, March 28, 1996 web 4 Employment Interview Guidelines: Research Notes -- Arrest Records in Employment. The Catholic University Of America. Downloaded February 29, 2000. p. 1 (web Records.
htm. ) 5 Hiring Without Lawsuits: Remaining Within The Shrinking Boundaries of What Is Appropriate and Legal Law Firm of Meckler Bulger & Tilson Web Page. Downloaded 8 Feb. 2000. p. 1. (web) 6 Grievance Policy And Procedures. University Of Massachusetts Amherst Equal Opportunity & Diversity Office. Downloaded 17 March 2000. web 7 Alcoholism and Native Americans.
John M. Stevenson. Downloaded 5 March 2000. p. 1.
web 8 The Construction and Reinforcement of Myths of Race and Crime. Matthew Robinson, Ph. D. , Appalachian State University. Downloaded 10 March 2000. p.
web 9 Combating Negligent Hiring Claims. Business Owners Toolkit Web Site, CCH INC. 6 Feb 2000. p. 1. (web 1515. asp) 12 FBI 1998 Uniform Crime Report web 98 / 98 crime/ 98 ciu's 22. pdf 13 The Construction and Reinforcement of Myths of Race and Crime. Matthew Robinson, Ph.
D. , Appalachian State University. Downloaded 10 March 2000. p. web 14 Combating Negligent Hiring Claims.
Business Owners Toolkit Web Site, CCH INC. 6 Feb 2000. p. 1. (web 1515. asp) 15 Case Study Using Arrest Records Business Owners Toolkit Web Site, CCH INC. Downloaded 28 Feb 2000. p. 1. Combating Negligent Hiring Claims.
Business Owners Toolkit Web Site, CCH INC. 6 Feb 2000. p. 1. (web 1515. asp) 16 Case Study Using Arrest Records Business Owners Toolkit Web Site, CCH INC. Downloaded 28 Feb 2000. p. 1. web 1615.
asp Bibliography: References 1. Employment Law for Business 2 nd Edition Bennett-Alexander, Pincus. Irwin/McGraw Hill. 1998 2. 42 U. S. C. 2000 e 1 - 16 3. Hiring Without Lawsuits: Remaining Within The Shrinking Boundaries of What Is Appropriate and Legal Law Firm of Meckler Bulger & Tilson Web Page. (web) 8 Feb. 2000. 4.
Rosemary Alito. New Jersey Employment Law (2 nd Ed. ). Newark: New Jersey Law Journal, 1999. 5. Limitations On An Employer's Ability To Consider Arrest Or Conviction Records Of A Job Applicant. Law firm of Donahue, Gallagher, Woods & Wood web page. (web f. html) 10 Feb. 2000. 6.
Combating Negligent Hiring Claims. Business Owners Toolkit Web Site, CCH INC. (web 1515. asp) 6 Feb 2000. 7. Employment Interview Guidelines: Research Notes -- Arrest Records in Employment. The Catholic University Of America. web Records.
htm. May 21, 1998 8. Alcoholism and Native Americans. John M. Stevenson. web 9.
Key Crime & Justice Facts at a Glance U. S. Department of Justice Bureau of Justice Statistics January 21, 2000 web 10. The Construction and Reinforcement of Myths of Race and Crime, Matthew Robinson, Ph. D. , Appalachian State University, Boone, North Carolina 28608 web 11. FBI 1998 Uniform Crime Report web 98 / 98 crime/ 98 ciu's 22.
pdf 12. David Andrew Price (Washington Legal Foundation), "English-Only Rules: EEOC Has Gone Too Far, " USA Today, March 28, 1996 web 13. Grievance Policy And Procedures. University Of Massachusetts Amherst Equal Opportunity & Diversity Office. Downloaded 17 March 2000. web
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Research essay sample on Using Arrest Records In Hiring
