They mean well. They really do. By “they” I mean EEOC and those states that are implementing new employment laws consistent with EEOC regulations that govern the ways that hiring managers and decisionmakers can use criminal background information.
Nevertheless, this is what they’ve come up with:
“The following are examples of best practices for employers who are considering criminal record information when making employment decisions:
- Eliminate policies or practices that exclude people from employment based on any criminal record.
- Train managers, hiring officials, and decisionmakers about TitleVII and its prohibition on employment discrimination.
Developing a Policy
- Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct.
o Identify essential job requirements and the actual circumstances under which the jobs are performed.
o Determine the specific offenses that may demonstrate unfitness for performing such jobs.
- Identify the criminal offenses based on all available evidence.
o Determine the duration of exclusions for criminal conduct based on all available evidence.
- Include an individualized assessment.
o Record the justification for the policy and procedures.
o Note and keep a record of consultations and research considered in crafting the policy and procedures.
- Train managers, hiring officials, and decisionmakers on how to implement the policy and procedures consistent with Title VII.
Questions about Criminal Record
- When asking questions about criminal records, limit inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity.
- Keep information about applicants’ and employees’ criminal record confidential. Only use it for the purpose for which it was intended.”
It’s a good start. Here’s the problem: Even if a hiring manager agreed in principle with the intended outcome of these best practices, not one in ten people has the knowledge, time, or energy to implement them. They are already busy, and this is a lot of work.
These are all great things to do, but how does anyone actually do them? Think about it. You can have a vision of where you want to be. But if you don’t have a road map to guide you in the right direction, how do you get there from where you are? And how do you do it without wasting valuable time and resources?
Who is your coach with the little black playbook on this issue?
I have a program designed specifically to help managers, hiring officials, and decisionmakers:
- Do individualized assessments of employees and applicants with felony convictions to determine whether their exclusion would be job related for the position in question and consistent with business necessity.
- Eliminate policies or practices that exclude people from employment based on a non-job related criminal record, and address the fears that accompany the new practices.
- Develop policies and procedures for implementing policies and procedures for integrating top-tier, professional and well-educated restored citizens into your personnel.
To learn more about it, get your free 30 minute “Off Our Backs” Coaching Session 1-on-1 with Lisa Forbes.
In this powerful session you will leave with:
- A new awareness of the ways that hiring restored citizens is good for your business.
- A written “next-step” action plan for training managers, hiring officials, and decisionmakers about changing employment laws specifically regarding the use of criminal background information.
- A concrete feeling of safety in either your compliance with EEOC or state or local regulations, or even your own proactive and principled decision to integrate highly qualified and motivated restored citizens into your existing personnel.
Get the safety and support you need to implement best practices now.
As a Restored Recruiter Lisa Forbes is redefining what it means to be a qualified employee and empowering restored citizens to rise above their conviction. Learn more at Lisaforbesinc.com. Also connect with Lisa via Facebook I Twitter I LinkedIn I Youtube