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Article Title: Background Checking - Burden of Proof is coming - Source: WorkForce - 3/5/2010
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Employers who use background check information as criteria for hiring decisions may be forced to demonstrate relevance for the job. - New EEOC regulations demanding an evidence-based approach to screening may help hone more effective hiring practices and provide a safe harbor from negligent-hiring lawsuits. The criminal screening process now in place at many companies may be an expedient method for culling candidates, but employers with hiring bars may soon have to rely more on proven methods for mitigating risk: job-specific hiring policies, proper supervision and effective performance management.
Subject Posted by: Post Date Comments Background Checks and Burden of Proof StaffMarket 3/4/2010 11:25:29 AM
Very interesting article and it will be interesting to see where this ends goes from here. In the last 30 years drug abuse has been a strong driver for millions of felony convictions. People convicted of any drug charges often find their employment opportunities permanently limited as a result. This in turn creates a very difficult situation for people who want to *turn over a new leaf* and start to build a solid life. They are relegated to permanent economic second class citizens forced to work for cash or do illegal stuff...like sell drugs. Of course the world of large databases and public records makes escaping the past impossible. But what then are employers to do? Drug problems brought into the workplace create lowered productivity and expose the employers to the requirement to provide EAP programs and bring up all kinds of issues about drug testing the whole workforce lest the employer be charged with discrimination through arbitrary enforcement. In the end, employers in right to work states will find that eliminating anyone with a felony conviction means they will not be able to hire anyone for the position at the pay rate they want. Want a *clean* employee...get ready to pay more.
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