Many companies today understand the importance of screening employees as a hiring best practice. What many companies do not realize is that if criminal background checks are not done the right way, it can lead to severe consequences, which is exactly the predicament that BMW and Dollar General facilities are now facing.
The Obama administration has just recently filed a lawsuit against the two corporations for utilizing criminal background checks that are discriminatory to African American applicants. The suit, filed in early June, is spearheaded by the Equal Employment Opportunity Commission.
Are Employment Background Checks Discriminatory?
The problem that the federal government has with BMW and Dollar General is that they are blurring the lines when it comes to the number of minorities that are screened out due to criminal backgrounds. The policies that these companies have in place could be construed has discriminatory.
Employment background checks can have an unintentional effect on specific minorities and can leave them exposed for a law suit. The background check portion of the hiring process is important but it cannot be used to pigeon hold minorities.
How to Use Criminal Checks Correctly
The major points that are being highlighted in the Dollar General and BMW cases are that background checks are acceptable to use, but not in the manner in which they are currently being used in these two companies.
The argument against BMW is that the hiring managers of the South Carolina plant required all employees to reapply for their current jobs in 2008. Employees were then terminated based on the criminal checks. This resulted in a large number of African American employees being terminated strictly based on the background check. BMW failed to give any consideration to the nature of the crime or how long ago the crime was committed.
In the case with Dollar General they are under the scope due to the fact that they they refused to hire based on criminal backgrounds. Although the plaintiffs were minorities they said they were victims of mistaken identity.
Employment background checks are crucial to give important details of a potential employees past but when the process steps over the boundary of acceptable use then the company is open to liability.
The Obama administration has just recently filed a lawsuit against the two corporations for utilizing criminal background checks that are discriminatory to African American applicants. The suit, filed in early June, is spearheaded by the Equal Employment Opportunity Commission.
Are Employment Background Checks Discriminatory?
The problem that the federal government has with BMW and Dollar General is that they are blurring the lines when it comes to the number of minorities that are screened out due to criminal backgrounds. The policies that these companies have in place could be construed has discriminatory.
Employment background checks can have an unintentional effect on specific minorities and can leave them exposed for a law suit. The background check portion of the hiring process is important but it cannot be used to pigeon hold minorities.
How to Use Criminal Checks Correctly
The major points that are being highlighted in the Dollar General and BMW cases are that background checks are acceptable to use, but not in the manner in which they are currently being used in these two companies.
The argument against BMW is that the hiring managers of the South Carolina plant required all employees to reapply for their current jobs in 2008. Employees were then terminated based on the criminal checks. This resulted in a large number of African American employees being terminated strictly based on the background check. BMW failed to give any consideration to the nature of the crime or how long ago the crime was committed.
In the case with Dollar General they are under the scope due to the fact that they they refused to hire based on criminal backgrounds. Although the plaintiffs were minorities they said they were victims of mistaken identity.
Employment background checks are crucial to give important details of a potential employees past but when the process steps over the boundary of acceptable use then the company is open to liability.
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