The EEOC recently filed suit against the Chicago restaurant
chain Leona’s Pizzeria, Inc., alleging that the company has gone back on an
agreement attempting to resolve employment discrimination claims. The original
Employers regularly use criminal background checks and credit checks to narrow their list of applicants. High unemployment has vastly expanded the applicant pool and employers now have the luxury of selecting only the most qualified candidates. The Equal Employment Opportunity Commission (“EEOC”) had been largely quiet on the legality of these somewhat invasive tests since 1990 but has now issued new guidance.
CAN I STILL DO CRIMINAL BACKGROUND CHECKS ON APPLICANTS?
Yes. The ability to do a background check on a job applicant has not been substantially limited. What has been greatly changed is the employer’s use of information obtained in a background check. Employers have been asked by the EEOC to no longer throw out an application because of a prior arrest or general conviction.
Virginia Employment Law Blog