Lana Batts, Co-President of Driver iQ, a division of CARCO Group, Inc., recently spoke with Wendy Leavitt of Fleet Owner regarding the new EEOC guidelines on using criminal background checks for employment purposes and the effect on the transportation industry.
The EEOC Enforcement Guidance, issued in April of 2012, expands on the guidance issued over twenty years ago regarding enforcement of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. This guidance once again notes that the use of criminal history records in employment decisions could potentially have adverse impact, and therefore recommends either the use of a validation study to support the consideration of specific offenses related to a specific position, or the application of the familiar factors to be considered from the Green v. Mo.Pac. R.R., 549 F2d 1158, 1160 (8th Cir. 1977), along with the opportunity for an individual assessment or review of the decision.
The factors from the Green case are already familiar to employers. They are:
- The nature and gravity of the offense or conduct;
- The time that has passed since the offense, conduct and/or completion of the sentence; and
- The nature of the job held or sought.
Batts discusses in the article that one of the main problems with denying employment to anyone with a criminal conviction is that the conviction must be tied to the specific job as a reason for denying employment. Batts explains, “For example, a convicted child sex offender may not necessarily be unsuited to a job as a driver unless that particular job puts him or her in direct contact with minors.”
Batts and her Driver iQ team have been working over the last several months to help their transportation clients understand the practical implications of the revised enforcement guidelines.
To view the full article, visit http://fleetowner.com/regulations/criminal-background-checks-your-own-procedures-may-also-be-risk