In a recent news release, www.prweb.com/releases/prweb2012/12/prweb10220527.htm, Nick Fishman, EmployeeScreenIQ, testified that when a criminal record is revealed, the background report does not include
race, religion, sexual orientation or other protected class information.
That presents an exciting new twist for the defense of pre-employment screening companies when they get sued by applicants who had not been hired because of a an erroneous criminal record report that wasn't theirs.
Many times the non-hired's complaint includes the fact that the background check company erred in its ways because the person named in the criminal complaint was of a different race than the job applicant.
As if (and here's the kicker) the EEOC wanst the employer to know the race?
Now, I'm not quoting law but I think that adding race to a person's application just might violate some EEOC regulation.
So in fact then, criminal record reporting for pre-employment purposes is blind. The race identifier can not be use for criminal record identification.
It remains up to the job applicant to prove the criminal record is not his or hers.
Thanks, Nick.
That presents an exciting new twist for the defense of pre-employment screening companies when they get sued by applicants who had not been hired because of a an erroneous criminal record report that wasn't theirs.
Many times the non-hired's complaint includes the fact that the background check company erred in its ways because the person named in the criminal complaint was of a different race than the job applicant.
As if (and here's the kicker) the EEOC wanst the employer to know the race?
Now, I'm not quoting law but I think that adding race to a person's application just might violate some EEOC regulation.
So in fact then, criminal record reporting for pre-employment purposes is blind. The race identifier can not be use for criminal record identification.
It remains up to the job applicant to prove the criminal record is not his or hers.
Thanks, Nick.
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