Ep179: EEOC Criminal Background Check Guidance Rescinded
Send us Fan Mail The EEOC is moving to withdraw its 2012 guidance on how employers should use arrest and conviction records in hiring. The proposal isn't final, but it matters for anyone who hires. In this episode of the HR Stories Podcast, Chuck and John explain what the change could mean for HR professionals, small business owners and managers. They’ll cover: What may change: The EEOC has sent a rescission notice to the White House for review. The guidance was never law, and withdrawing it doesn't repeal Title VII. Disparate treatment vs. disparate impact: Why a blanket "no criminal records" policy can create legal risk, including a discussion of the Dollar General case. The three Green factors: the nature and seriousness of the offense, how much time has passed, and whether the offense relates to the job. Fair process: Why you need a pre-adverse action letter and a chance for candidates to explain or correct their background report. Second chances: How rehabilitation-focused hiring can pay off. Federal vs. state law: Why private lawsuits and state laws still apply, even as federal enforcement of disparate impact theories shifts. Support the show Our new book... The Ultimate Guide to HR: Checklists Edition is now AVAILABLE! Go to UltimateGuidetoHR.com to Get HR Right: and Avoid Costly Mistakes. Certified and approved for 3 SHRM Recertification Credits. Join the HR Team of One Community on Facebook or visit TeamAtHRstories.com and sign up for emails so you can be the first to know about new things we have coming up. You can also follow us on Instagram and TikTok at @HRstoriesPodcast Don't forget to rate our podcast, it really helps other people find it! Do you have a situation or topic you’d like the team to discuss? Are you interested in having Chuck or John talk to your team or Emcee your event? You can reach the Team at Email@TeamAtHRStories.com for suggestions and inquiries. The viewpoints expressed by the characters in the stories are not necessarily that of The Team at HR Stories. The stories are shared to present various, real-world scenarios and share how they were handled by policy and, at times, law. Chuck and John are not lawyers and always recommend working with an employment lawyer to address concerns.






