Background Checks – Minefield For The Unwary- Lessons Learned from Pepsi/ EEOC | LexisNexis | Annemarie Cleary | 1/19/12

Citi Field's Pepsi Porch

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Pepsi’s $3.13 million settlement with the EEOC for an overly broad background check policy should cause all employers to re-evaluate their current hiring policies. Though background checks can provide invaluable information, if used improperly by employers, it may be the basis of a discrimination lawsuit.

Any employer’s blanket prohibition against hiring someone with a criminal conviction will bring extra scrutiny. Instead, employers should evaluate prospective employees on a case by case basis, weighing the nature and gravity of the criminal offense and the amount of time since the conviction against the job’s specific duties and responsibilities.

The EEOC considers arrest records to be particularly unreliable indicators of guilt and discourages their use in the hiring process. According to the EEOC, because individuals are presumed innocent until proven guilty and because state criminal record repositories do not always report the final disposition of arrests, an arrest record is not a useful tool .

For information about EEOC’s view of employers use of credit scores and social media searches during hiring process and for full article see Background Checks – Minefield For The Unwary.

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About vinhsu

Center City Philadelphia General Practice Law Firm with emphasis on Criminal Defense, Family Law, Immigration, Real Property, and Wills/Trusts/ Estate Planning. Licensed in Pennsylvania and New Jersey.
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2 Responses to Background Checks – Minefield For The Unwary- Lessons Learned from Pepsi/ EEOC | LexisNexis | Annemarie Cleary | 1/19/12

  1. Pingback: Discrimination Against the Unemployed Now Banned in New Jersey: Are More-Expansive Federal Protections Far Behind? | LexisNexis LexisNexis | Duane Morris LLP | 09/19/11 | Vinh P. Su, Esquire

  2. Pingback: Your Questions About Landlord Credit Check Review | Tenant Background Check Companies

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