The article below is a good example of a company that even though they have a policy in place that excludes from employing individuals with certain criminal convictions for specified periods they are still facing scrutiny from the EEOC. I am sure that Dollar was and is trying to do a good job with it’s policies and follow them as best as possible but with the revised guidelines from the EEOC this year most companies policies are just not good enough. The EEOC says “When employers contemplate instituting a background check policy, the EEOC recommends that they take into consideration the nature and gravity of the offense, the time that has passed since the conviction and/or completion of the sentence, and the nature of the job sought in order to be sure that the exclusion is important for the particular position”. VICTIG will consult for free anyone that would like to revisit their background screening policy. Please let us know if you need any help.
Here is the article from Nashville Business Journal
Goodlettsville-based Dollar General Corp. says it could be hit with an Equal Employment Opportunities Commission lawsuit over the retailer’s criminal background check policies, according to a recent SEC filing.
The Equal Employment Opportunity Commission has alleged that the company’s criminal background check policy has a “disparate impact” black job candidates and employees, a violation of the Civil Rights Act of 1964. The company was notified about the allegation in September of last year, but efforts to resolve the matter through a conciliation process were unsuccessful.
Dollar General Corp.’s policy “excludes from employment individuals with certain criminal convictions for specified periods,” according to the company’s filing.
“The Company believes that its criminal background check process is both lawful and necessary to a safe environment for its employees and customers and the protection of its assets and shareholders’ investments,” the filing reads.
Companies have had to dole out millions of dollars in fines and settlements for criminal background check policies that didn’t pass muster with the EEOC. Earlier this year, Pepsi Beverages agreed to pay $3.1 million after the agency found the company’s’ use of criminal background checks discriminated based on race.
The EEOC revised its guidance on criminal background checks earlier this year.
As the EEOC focuses attention on employers’ use of criminal history in hiring decisions, the agency suggests companies review and revise their background policies.
In general, the EEOC considers broad blanketed exclusions on any individuals with an arrest or criminal history to be in violation of federal law.
“When employers contemplate instituting a background check policy, the EEOC recommends that they take into consideration the nature and gravity of the offense, the time that has passed since the conviction and/or completion of the sentence, and the nature of the job sought in order to be sure that the exclusion is important for the particular position,” said Julie Schmid, acting director of the EEOC’s Minneapolis Area Office in a statement following the settlement with Pepsi
