EEOC Accuses Two Companies of Discrimination in Hiring

Employers, here are two more reasons to review your hiring practices to ensure that qualified people with criminal history records can compete more fairly for employment in your company. The Equal Employment Opportunity Commission (EEOC) is aggressively pursuing companies that have a unilateral policy of not hiring anyone with a previous criminal record, regardless of how the crime relates to the job at hand.

Ban the Box is a nationwide effort to remove criminal history inquiry from employer job applications. Ban the Box does not obligate employers to hire people with criminal records, it just affords applicants a better chance of being evaluated based on their qualifications for a job. It does not give anyone an unfair advantage nor does it prevent any employer from hiring the candidate they think is best for a job. Ban the Box also does not apply to positions where a background check is mandated and directly related to the job such as public safety positions and positions dealing with vulnerable populations (e.g., children, elderly).

Washington Post (06/12/13) Mui, Ylan Q.

The Equal Employment Opportunity Commission (EEOC) filed suit on June 11 against BMW and Dollar General for allegedly discriminating against black workers using criminal background checks. BMW, for its part, allegedly fired 70 African American workers because they had criminal histories, even though many of them had already been working at their South Carolina plant for years. Dollar General (DG), meanwhile, rescinded job offers for two black women after conducting criminal background checks. It appears that the records for one woman were inaccurate, but Dollar General did not change its decision. Both Dollar General and BMW have denied allegations of discrimination, saying they complied with all laws. The EEOC agreed that employers are allowed to use background checks, but contested that the companies’ practices of not hiring anyone with a criminal record is discriminatory against African-Americans. Seven states appear to agree with the EEOC, passing laws that bar employers from asking questions about criminal background history.

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**Two new “Ban the Box” initiatives**

Seattle City Council and Richmond City Council both unanimously pass “ban the box” legislation.

Seattle passed “ban the box” legislation that affects all businesses.  Noncompliant businesses face steep fines.

Richmond’s “ban the box” ordinance applies to city jobs with the hope that if the city does it, it will affect the vendors and contractors that do business with the city.

The legislation prohibits employers from asking whether applicants have ever been arrested or convicted of a crime during the INITIAL screening process. The intention is to avoid applications from being rejected outright based on a conviction that may not be relevant to the position.  Similar measures have been adopted in dozens of cities across the country.

CARCO Exhibiting at SHRM 2013 Annual Conference & Expo!!!

JUNE 16-18, BOOTH # 2524
Visit us at SHRM and we will explain how CARCO’s Onboarding Solution facilitates the efficient flow of information of Pre-Hire, Post-Hire and Document Management. CARCO’s Onboarding Solution Technology facilitates the new hire process by eliminating manual, paper-based processes in favor of legal and compliant e-signature protocols. Other benefits include:

  • Automated all-in-one tool
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Stop by our booth to enter to win our grand prize, an Apple® iPad mini® with Wi-Fi® 16GB.

We would be happy to schedule an Onboarding demonstration to show you how our technology solutions will make your job less stressful and more productive. Let us help you focus less on information processing and more on hiring!

Please contact a CARCO Specialist at 1-866-557-5984 or We look forward to hearing from you. In the meantime, please visit to learn more about our company and our services.