EEOC Forecast: More Scrutiny Of Criminal Record Checks

Law360, New York (July 12, 2013, 12:12 PM EDT) -- On June 11, 2013, the Equal Employment Opportunity Commission filed two new criminal record lawsuits, one in South Carolina and one in Illinois. The lawsuits allege that the employers violated Title VII of the Civil Rights Act of 1964 by implementing and utilizing criminal background-check policies that resulted in employees being terminated and others being screened out for employment.

One lawsuit alleges that the employer “disproportionately screened out African Americans from jobs” and that the employer’s policy containing “blanket exclusions” for convictions was not “job related and consistent with business necessity.”

In the other lawsuit, the EEOC alleges that the employer’s...

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