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EEOC's Criminal Background Check Policy Under Fire


The Denver Business Journal posted an article by Managing Partner Todd Fredrickson on January 22, 2014.

Race discrimination, federal administrative power, state law, and the right of a private company to choose its employees are colliding in a battle being fought in Congress, our courts of law, and the court of public opinion, Todd wrote.

The federal Equal Employment Opportunity Commission is trying to curtail private companies’ use of criminal background checks on job applicants, claiming this application metric violates Title VII of the Civil Rights Act, he explained.

On April 25, 2012, the EEOC issued new guidance, recommending individualized assessment of each applicant, and identifying a business necessity for denying employment to an applicant with a criminal history.

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