EEOC Curtails Use of Criminal Background Checks during Hiring Process – California Labor and Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on November 5, 2012

Under an updated Equal Employment Opportunity Commission (EEOC) policy, employers are now precluded from denying employment to applicants based on arrest or conviction records -- including felonies, unless there's a direct correlation between the criminal record and the job being sought. Employers are now urged to not ask a job applicant about past convictions, and if a criminal background check is conducted, to not automatically reject a job applicant without giving the job applicant a chance to explain.

The EEOC updated its policy due to the higher number of applicants of color being rejected for their criminal past. As noted by the EEOC, the fact that a job applicant was arrested with no context around the conviction (or lack thereof) is no indication of criminal activity. Arrest records are often incomplete, and are not the same thing as a criminal conviction.

Blumenthal, Nordrehaug & Bhowmik is a California labor and employment law firm that represents California employees with wage and hour claims against their current or former employer. If you feel your California employer is violating FLSA and/or California wage statutes, contact Blumenthal, Nordrehaug & Bhowmik for a free confidential consultation by calling (800) 568-8020.

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